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Geoengineering, the Precautionary Principle, and the Search For Climate Safety

Published online by Cambridge University Press:  14 March 2025

Gareth Davies*
Affiliation:
Faculty of Law, Vrije Universiteit Amsterdam, Amsterdam, The Netherlands
Julie Vinders
Affiliation:
Innovation and Research Services, Trilateral Research, London, UK
*
Corresponding author: Gareth Davies; Email: g.t.davies@vu.nl
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Abstract

This article considers the application of the precautionary principle as understood in EU law to EU decision-making on geoengineering, in particular solar geoengineering. It finds that the situation is riddled with more complexities than first appears; (i) the principle is used to argue against research, even though more research is usually itself seen as precautionary response; (ii) the risks of research are claimed to lie in its political impact, whereas the principle is traditionally applied to direct physical risks; (iii) while there are legitimate precautionary arguments against geoengineering, it is itself put forward as a precautionary measure and there are precautionary arguments in favour too. Drawing on case law and scholarship we conclude that the precautionary principle can nevertheless be applied and will lead to a procedural requirement to do comprehensive reviews of relevant scientific knowledge before decision-making. This leaves wide – but not unbounded – discretion but may still be valuable in providing a frame for reasoned public debate. We also apply our findings to the recent expert reports on Solar Radiation Modification and show that they have failed to apply precaution correctly.

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Type
Articles
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited.
Copyright
© The Author(s), 2025. Published by Cambridge University Press