Chapter 1 introduces the concept of transformative novel technologies in the context of the contemporary global environmental crisis. It discusses how technology is central to the crisis as well as its potential resolution, although its status is frequently ambiguous and contested. The chapter makes the case that governance solutions, including at the international level, are indispensable in order to capitalize on the potential benefits of transformative novel technologies, to avoid their various potential downsides, or both. The empirical case studies of the book are then previewed: biotechnology, specifically novel methods for large-scale biological control as well as the utilization of digital sequence information in research, development and innovation; climate engineering, a series of proposed methods for large-scale intervention into the climate system; and mining beyond national jurisdictions, where various technological developments increasingly enable the extraction of metals critical to a global sustainability transition from areas that were previously inaccessible.

The allocation of liability for environmental harm in areas beyond national jurisdiction (ABNJ) is complicated by several factors relating to the nature of the activities undertaken and the nature of environmental harm itself. These include the range of actors involved in activities that may give rise to environmental harm, and features of cumulative environmental damage, arising over a course of time either out of a connected or unconnected set of activities involving multiple actors or from external natural causes. To address these issues, this chapter outlines legal approaches to causation and the challenges that complex causal pathways may present in ABNJ. It then discusses the general approach to allocating responsibility to states and international organizations under international law and national law, and the channeling of liability to operational entities which is the principal approach in sector-specific civil liability regimes. Finally, it explores the rules that structure the allocation of liability in relation to specific ABNJ regimes and activities.

In order to realize the fundamental goals of liability rules, it is necessary to secure potential future liabilities through financial assurances. Financial assurances are key to ensuring ’prompt and adequate compensation’ and for the availability of funds to protect and preserve the environmental resources that have been harmed. This chapter examines the various types of assurances, such as insurance and compensation funds, that are currently used within civil liability regimes generally, before exploring the existing and emerging practices within the Antarctic, deep seabed and high seas regimes.

The chapter discusses entitlement to POW status in IACs on the part of combatants, those special categories also entitled to the status, unlawful combatants, the relationship between IHL and IHRL and the determination of POW status .The chapter then goes on to discuss the enemy states responsibility for POW, their treatment, internment in POW camps and the punishment of POW. It then considers termination of captivitity and repatriation and, finally, internment in NIAC.

Environmental harm in areas beyond national jurisdiction (ABNJ) raises distinct issues of standing because of the collective nature of environmental interests in these areas, including who has the right (or obligation) to take the necessary response action to address environmental harm. Both international law and national law recognize that certain actors have sufficient legal interest to bring claims for environmental damage despite not directly suffering injury or loss. These developments reflect an increasing recognition of the intrinsic value of the environment and shifting conceptions of the environment as a collective good subjective to community interests. However, the parameters of the concepts that affirm collective interests in the protection of the environment are nebulous and the scenarios in which they would apply are likely to be contested. In considering the application of the rules of standing in ABNJ, this chapter explores trends in standing in relation to the environment under international law, civil liability regimes and national law before turning to how the specific regimes governing areas beyond national jurisdiction address the issue of standing.

This chapter provides an overview of the different approaches taken by the international community to address liability from environmental harm and how these approaches respond to the unique legal and practical issues associated with areas beyond national jurisdiction. Since liability rules that affect the commons environment exist in both international and national legal systems, the discussion begins with an examination of state responsibility and unharmonized domestic liability, before discussing various approaches to harmonizing civil liability rules through treaties. The discussion of approaches to liability is framed by consideration of the various purposes that liability rules and processes serve in international environmental law.

This chapter discusses international humanitarian law (IHL) and international human rights law (IHRL) which apply concurrently in armed conflict, but differ in scope and purpose. Their relationship is reviewed by looking at the right to life, the right to a fair trial, arbitrary detention and military responses to terrorism. The chapter then considers derogations from IHRL and the issue of the IHRL obligations of armed groups, particularly in NIACs. Similar issues are discussed regarding peacekeeping operations.

This chapter discusses command responsibility as an IHL doctrine. It commences by discussing the concept of responsible command before addressing the scope of application of the doctrine of command responsibility and the elements of the doctrine of command responsibility. The underlying offence is then discussed. The criteria for the existence of a superior-subordinate relationship, the requirement for effective control, the criteria for the mens rea requirement and the criteria with regard to failure to adopt necessary and ressonable measures are considered. The chapter then discusses successor command responsibility and the issue of causation before concluding with analysis of the nature of command responsibility

Chapter 4 addresses the broader field of biotechnology, where two recent technological developments are highly consequential for the global politics of environmental sustainability. The first is the trend towards the utilization of digitalized genetic sequence data via big data methods. This offers novel prospects for biodiversity conservation but also threatens to undermine long-standing international commitments towards the fair and equitable sharing of benefits associated with the physical genetic material corresponding to these sequence data. The second development is novel methods for large-scale genetic manipulation of wild species, offering significant potential for conservation but at the price of unprecedented biosafety challenges. The chapter investigates the responses to these technological developments under the Convention on Biological Diversity, the International Treaty on Plant Genetic Resources for Food and Agriculture, as well as the World Health Organization.

The chapter discusses the application of the principle of distinction to combatants and civilians, the consequences of that distinction and the issue of those civilians who directly participate in hostilities both in IACs and NIACs. It then discusses the application of the concept in cyber warfare. The chapter then considers the positions of members of private military security companies, unlawful combatants and UN peacekeepers.

This chapter discusses the classification of armed conflcits into international armed conflicts (IACs) and non-international armed conflicts ( NIACs) by examining the relevant criteria. WIth regard to NIACs it disusses the criteria of organisation and intensity. The chapter also considers the geographical and temporal scope of armed conflicts. It then goes on to consider occupation, wars of self-determination, terrorism and cyber war, as well the character of conflicts when international forces are involved.

This chapter examines issues related to the definition and valuation of environmental damage in areas beyond national jurisdiction (ABNJ): what general principles govern reparation for environmental damage; what types of environmental damage should give rise to compensation or other measures of reparation; and how should such compensation or other measures be assessed in monetary terms? The chapter draws out the characteristics of, and considerations relating to, the global commons areas that might affect the approach taken to these questions, and how, if at all, compensation for environmental damage has been addressed in the existing regimes governing ABNJ under consideration in this study. To inform the discussion, the chapter examines other relevant international principles and rules that have been adopted or applied to address compensation for environmental damage at the international level.