"Do We Have a Human Right to Geoengineering?", 1st IUCN World Congress of Environmental Law, Rio de Janeiro, Brazil.

  • Tara Smith - Speaker

Description

While the 2015 Paris Agreement has been rightly celebrated as a significant achievement in international climate diplomacy, it has also been criticised for being too little too late in terms of climate change mitigation. Do we have to wait the decades that it will take to scientifically establish whether this criticism is on point or unfounded, or does the human right to enjoy the benefits of scientific progress demand that worst-case-scenario technologies be implemented at once. In short, do we have a human right to use geoengineering before the Paris Agreement even comes into force? Captured in the 1948 Universal Declaration of Human Rights and given legally binding status in 1966 by the International Covenant on Economic Social and Cultural Rights, the right to enjoy the benefits of scientific progress is of growing relevance as a legal tool in a world facing the uncertain effects of climate change. However the right has been under-explored in this context to date, with much of the scholarship focusing on the application of the right in relation to the development of pharmaceuticals. The paper that I propose to present at the WCEL Global Colloquium of Early Career Environmental Law Experts will explore the advantages and disadvantages of applying the human right to enjoy the benefits of scientific progress to the question of geoengineering. The paper will evaluate the rhetorical value and practical potential of this human right in relation to the development and use of geoengineering technologies by, in particular, those most vulnerable to the negative effects of climate change. The consequences of this right for both international environmental law and the regulation of geoengineering will also necessarily be examined. Ultimately, it will be concluded that we do indeed have a human right to geoengineering in the Athropocene…sort of!
27 Apr 2016

Event (Conference)

Title1st IUCN World Congress of Environmental Law
Period27/04/1629/04/16
LocationSupreme Court of the State of Rio de Janeiro
CityRio de Janeiro
Country/TerritoryBrazil
Degree of recognitionInternational event

Event (Conference)

Title1st IUCN World Congress of Environmental Law
Date27/04/1629/04/16
LocationSupreme Court of the State of Rio de Janeiro
CityRio de Janeiro
Country/TerritoryBrazil
Degree of recognitionInternational event