International EIA Law and Geoengineering: Do Emerging Technologies Require Special Rules?

This article explores the adequacy of the\ international\ rules\ on environmental impact assessment to contribute to\ geoengineering\ governance, with a focus on three fundamental challenges. First, the near-universal trigger for\ EIA\ is the likelihood of significant environmental impact, which may prove to be insufficiently precautionary in light of current risk preferences surrounding\ geoengineering. Second, the scope of\ eia\ has traditionally focused narrowly on the assessment of direct physical impacts; however, many of the concerns that\ geoengineering\ research raises relate to environmental and social risks associated with downstream technological implications. A third and related challenge is the consultation requirements under\ EIA\ laws, which focus on affected states and affected members of the public. Because many\ geoengineering\ activities are anticipated to impact the global commons, there is no clear institutional mechanism for implementing notification and consultation. Additionally, the broader sets of concerns that\ geoengineering\ raises are spatially unbounded, again making the identification of consultation partners uncertain. The article concludes with a discussion of the implications of the challenges and limitations of the\ rules\ of\ EIA\ for\ geoengineering.\