Jesse L. Reynolds

Department of European and International Public Law,
Faculty of Law, and Tilburg Sustainability Center, Tilburg University

Because large-scale field research in solar climate engineering will generate transboundary risks, there has been extensive consideration of existing and potentially new international regulatory instruments. Proposals have mostly emphasized rules, broadly defined, ranging from command-and-control to nonbinding norms. However, there are other regulatory means—such as liability—that would seek to guide behaviour in order to reduce risks. Liability provides, moreover, a basis to compensate victims for harm.  p184

Just as it may be more efficient for the victims’ government to stand in their place, so too could the injurer’s government be held vicariously liable. After all, it has greater financial resources than the researchers, may be easier for victims to identify, and would be in a position to influence the researchers’ levels of activity and care through funding conditions and domestic regulation. p.201