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

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 rese...

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Main Authors: Gareth Davies, Julie Vinders
Format: Article
Language:English
Published: Cambridge University Press
Series:European Journal of Risk Regulation
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S1867299X25000145/type/journal_article
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author Gareth Davies
Julie Vinders
author_facet Gareth Davies
Julie Vinders
author_sort Gareth Davies
collection DOAJ
description 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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spelling doaj-art-8e4a7b45ab9e4c2aafe28fd4fec5c2302025-08-20T13:13:35ZengCambridge University PressEuropean Journal of Risk Regulation1867-299X2190-824911210.1017/err.2025.14Geoengineering, the Precautionary Principle, and the Search For Climate SafetyGareth Davies0https://orcid.org/0000-0002-9907-7758Julie Vinders1Faculty of Law, Vrije Universiteit Amsterdam, Amsterdam, The NetherlandsInnovation and Research Services, Trilateral Research, London, UKThis 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.https://www.cambridge.org/core/product/identifier/S1867299X25000145/type/journal_articleclimate governanceEU Lawgeoengineeringprecautionary principlesolar radiation modification
spellingShingle Gareth Davies
Julie Vinders
Geoengineering, the Precautionary Principle, and the Search For Climate Safety
European Journal of Risk Regulation
climate governance
EU Law
geoengineering
precautionary principle
solar radiation modification
title Geoengineering, the Precautionary Principle, and the Search For Climate Safety
title_full Geoengineering, the Precautionary Principle, and the Search For Climate Safety
title_fullStr Geoengineering, the Precautionary Principle, and the Search For Climate Safety
title_full_unstemmed Geoengineering, the Precautionary Principle, and the Search For Climate Safety
title_short Geoengineering, the Precautionary Principle, and the Search For Climate Safety
title_sort geoengineering the precautionary principle and the search for climate safety
topic climate governance
EU Law
geoengineering
precautionary principle
solar radiation modification
url https://www.cambridge.org/core/product/identifier/S1867299X25000145/type/journal_article
work_keys_str_mv AT garethdavies geoengineeringtheprecautionaryprincipleandthesearchforclimatesafety
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