Privatisation and De-globalisation of the Climate
© Lexxion Verlagsgesellschaft mbH (9/2013)
This paper considers the issues raised by creating market incentives for private industry to engage in geoengineering. It argues that the benefits could include increased innovation and creativity in dealing with climate-related problems, and that the direct environmental risks are probably manageable. However, the political consequences are potentially destabilising and hard to predict. The creation of diffuse vested commercial interests may obstruct the achievement of the common good, as well as leading to global climate concerns being partially transformed into local weather concerns. While the commodification of the climate fits the long-term trend of increasing human management of the natural world, it is a step of alarming size and possibly hard to reverse.

Implementing the Precautionary Principle for Climate Engineering
© Lexxion Verlagsgesellschaft mbH (6/2013)
The precautionary principle is used in arguments for, as well as against, climate engineering: On the one hand, the principle can suggest caution against climate engineering so as to minimize the (unknown) risks of proposed techniques to the environment and health. On the other, arguments can be made that climate engineering is a precautionary measure against the (known) risks of climate change. This article provides an overview of this debate and what the precautionary principle means in a climate engineering context. It explores, first, how the precautionary principle is interpreted in international law, examining its history, content, legal nature, and operationalization in other areas. Next, the authors consider how the principle can be applied in a climate engineering context, both generally and under existing legal instruments. Finally, the article offers reflections on how the principle can be further operationalized for climate engineering in a meaningful way.

Regulating Ocean Fertilization under International Law: The Risks
© Lexxion Verlagsgesellschaft mbH (6/2013)
This paper explores the regulatory regime for ocean fertilization under the Dumping regime, which comprises the 1972 London Convention and 1996 Protocol. It assesses the extent to which ocean fertilization is presently subject to mandatory and voluntary controls and provides an overview of the proposals currently under active consideration designed to develop a comprehensive regime for ocean fertilization. Whilst acknowledging the benefits of regulation and the importance of environmental protection, this paper concludes with a warning against considering ocean fertilization in isolation from the broader context of geoengineering and climate change more generally.

Climate Engineering Research: A Precautionary Response to Climate Change?
© Lexxion Verlagsgesellschaft mbH (6/2013)
In the face of dire forecasts for anthropogenic climate change, climate engineering is increasingly discussed as a possible additional set of responses to reduce climate change’s threat. These proposals have been controversial, in part because they - like climate change itself - pose uncertain risks to the environment and human well-being. Under these challenging circumstances of potential catastrophe and risk-risk trade-off, it is initially unclear to what extent precaution is applicable. We examine what precautionis and is not, and make a prima facie case that climate engineering may provide means to reduce climate risks. When precaution is applied to the currently pertinent matter of small to moderate scale climate engineering field tests, we conclude that precaution encourages them, despite their potential risks.

Where Two Worlds Collide
© Lexxion Verlagsgesellschaft mbH (6/2013)
Emission Reduction Purchase Agreements, the Evolution of the Dialectic Relationship of Private Contracts and International Environmental Law at the Heart of the Global Climate Regime

Tackling Climate Change: Where Can the Generic Framework Be Located?
© Lexxion Verlagsgesellschaft mbH (6/2013)
International negotiations on climate change under the UNFCCC are increasingly burdened by the gap between low political will to engage in emissions mitigation and the level of mitigation required for limiting warming to 2°C. Given the growing understanding that mitigation will be insufficient, adaptation has recently gained in importance - a step sometimes seen as a portent of other actions on climate yet to come such as climate engineering.

Introduction: Climate Change Geoengineering
© Lexxion Verlagsgesellschaft mbH (6/2013)
As David Victor recently observed, climate geoengineering, broadly defined as "the deliberate largescale manipulation of the planetary environment to counteract anthropogenic climate change," was once viewed as "a freak show in otherwise serious discussions of climate science and policy." However, as negotiations for a successor to the United Nations Framework Convention on Climate Change and a second commitment period for the Kyoto Protocol have ensued, it has become increasingly apparent that the world community lacks the political will to reduce emissions to a level that avoids extremely serious climatic impacts.

Biomethane in Europe - can western success spread east?
© Eigenbeiträge der Autoren (4/2013)
Already 157 plants are injecting Biogas into the gas grids of Europe. Biomethane initiatives such as new support schemes as in France and the UK should help to stimulate the market.

Getting Ahead of the Curve: Supporting Adaptation to Long-term Climate Change and Short-term Climate Variability Alike
© Lexxion Verlagsgesellschaft mbH (4/2013)
Climate change mitigation, the moderation of temperature increases through reductions in emissions or emissions growth, remains the central component of global climate change action under the United Nations Framework Convention on Climate Change (UNFCCC). Nonetheless, climate change adaptation is playing an ever more prominent role at the UNFCCC annual meetings, the Conferences of the Parties (COPs), as exemplified by the creation of the Green Climate Fund in 2009 in Copenhagen with the goal of mobilizing $100 billion per year by 2020 for climate change activities including adaptation. Many other entities are also financing adaptation, such as the World Bank’s Strategic Climate Fund, to which $920 million has been pledged.

A Decentralised Approach to Emissions Reductions
© Lexxion Verlagsgesellschaft mbH (4/2013)
This paper evaluates whether border tax adjustments (BTAs) might be a more successful tool for achieving pollution abatement than the current Kyoto Protocol framework, which was recently extended to 2020. To examine this question, the paper does two things. First, it seeks to understand the specific collective action problem plaguing pollution abatement by employing Elinor Olstrom’s framework for disaggregating common goods. Second, the paper matches the disaggregated common good with both the BTA and Kyoto Protocol governance structures. The matching exercise builds on research that suggests for a regime tasked with commons governance to function, there must be an appropriate fit between its institutional structure and the specific collective action problem it seeks to overcome. The paper’s conclusions are twofold. First, Kyoto is failing because its structure is ill-equipped to combat the specific collective action problem facing pollution abatement, as defined by the disaggregated nature of the common good produced. Second, a BTA structure would circumvent the problems inhibiting Kyoto’s functionality by increasing the incentives countries have to contribute to pollution abatement, and decreasing the options countries have for free riding. Given this, BTAs may offer an effective alternative for achieving global emissions reductions.

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