Seven Features of Climate Change That Citizens and the Media Need to Understand To Critically Evaluate a Government’s Response to This Existential Threat and the Arguments of Opponents of Climate Policies.

I. Introduction
 

Climate change has certain features that other environmental problems don’t have that citizens and the media need to understand to effectively evaluate both any government’s response to this enormous menace and arguments made by opponents of government climate change policies.

 Opponents of climate change policies have effectively framed the debates that the public climate controversy has focused on by claiming that nations should not adopt climate policies because of scientific uncertainty about climate change impacts or excessive costs to the national economy of proposed climate policies. While proponents of climate policies have usually responded to the scientific uncertainty arguments and the excessive cost claims of the opponents of climate policies for over 40 years by calling on scientists, economists, or other technical experts. These technical experts have usually made counterclaims about the strength of mainstream climate science and the economic costs of moving away from fossil energy. In so doing, the public debate has usually ignored several ethical/legal principles that the international community agreed in 1992 under the United Nations Framework Convention on Climate Change (UNFCCC) should guide national responses to climate change despite the fact, as we will see, that these principles undermine the validity of the scientific uncertainty and excessive economic cost arguments that have successfully prevented or delayed adequate national responses to climate change for many decades.

As we will also see climate change has certain scientific features that make government delays in meeting their responsibilities under law potentially catastrophic. Therefore before discussing the issues that citizens need to understand to effectively evaluate climate change policy controversies, this article will begin with a brief description of some climate change scientific features that citizens need to understand to grasp the importance of the seven issues that are the focus of this article.

The seven issues discussed in this article are:

1. Because of certain features of climate change, many policy-making issues raise ethical/fairness questions that are practically significant for global prospects of preventing catastrophic climate harms.

2. Issues that arise in four steps that the setting of a national GHG emissions reduction target Implicitly takes a position on.

3. Because all CO2e emissions are diminishing the carbon budget that must constrain world emissions to achieve any warming limit goal, the speed of reducing GHG emissions as well as the magnitude of emissions reductions are crucial for achieving any warming limit goal.

4. Although the consensus scientific position on climate change is extraordinarily strong, no nation may fail to comply with its obligations under the 1992 UNFCCC on the basis of scientific uncertainty because all nations expressly agreed under the 1992 treaty to be bound by the precautionary principle.

5No developed nation may fail to comply with Its obligations to reduce Its GHG emissions to Its fair share of safe global emissions under the UNFCCC on the basis of cost to the nation.

6. Cost-benefit analysis is not an ethically acceptable tool for limiting a government’s climate change responsibilities.

7. Developed nations under the 1992 UNFCCC acknowledged a duty to assist developing nations with financing their adaptation and mitigation costs and have a moral/legal responsibility to help compensate developing nations for their climate change caused losses and damages.

To understand the issues discussed in this article, the following very simplified image of CO2 concentrations in the atmosphere will help visualize several scientific features of climate change that will be discussed in more detail later in this paper. This simplified image ignores other GHGs including methane, nitrous oxide, chlorofluorocarbons, and water vapor which are sometimes included in the concept of CO2e or carbon dioxide equivalent.
 
 
The bottom ring in the bathtub depicts the approximate atmospheric concentration of CO2 (approximately 280 ppm) that existed before the mid-19th Century when increasing fossil fuel use began to raise atmospheric CO2 concentrations.
 
The middle ring in the tub is meant to visualize the current CO2 concentration which was 414 ppm CO2 in July 2020 (NOAA, 2020).
 
The top ring depicts the CO2e level at which atmospheric CO2e concentration levels must be stabilized to achieve any warming limit goal.
 
The space between the middle ring and the top ring is meant to visualize the amount of additional CO2e emissions that can be added to the atmosphere before the upper atmospheric stabilization goal is reached. This concept is referred to as the “carbon budget” or the number of tons of CO2e (all GHG emissions expressed in the common unit of CO2) that must constrain total global emissions if the international community will be able to successfully achieve any warming limit goal by stabilizing atmospheric CO2e concentrations at a level that will prevent warming greater than the warming limit goal.
 
This idea alone, as we shall see, and because GHGs and particularly CO2 are long-lived in the atmosphere, suggests an enormous challenge for climate change policy-making that is not a problem with other air pollution problems. Namely, before the atmospheric CO2e stabilization level goal is reached, global CO2e emissions must approach zero if any warming limit goal will be achieved. 
 
The multiple lines into the faucet are meant to depict that different nations have been more responsible than others for raising the atmospheric concentration of CO2e.
 
The following chart depicts the long-lived retention of CO2 in the atmosphere, a fact which has a profound significance for policy-making. Although approximately 80% of the CO2 emissions are removed by the ocean, forests, and other global carbon sinks in about 100 years, some of the emitted CO2 persists for tens of thousands of years . (Yale Climate Connections, 2010).
 
(Yale Climate Connections, 2010)
 
A carbon sink is any reservoir, natural or constructed, of carbon that absorbs more carbon than it releases. Globally the most important carbon sinks are vegetation, the ocean, and soils. Because the health of carbon of sinks affects the atmospheric concentration of CO2e and because carbon sinks can become less effective sinks or carbon sources in a warming world or upon a government’s failure to protect sinks, a government’s management of carbon sinks is an important element of its climate change response.
 
Critically Evaluating a Nation’s Response to Climate Change or Arguments Made By Opponents of Climate Change Policies
 
Under the 1992 United Nations Framework Convention on Climate Change nations  agreed that: 

  • Nations have duties to adopt policies to prevent dangerous climate change and to take steps toward stabilization of GHG concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system (UN 1992: Art 2).

Although the 1992 UNFCCC did not define dangerous climate change, under the 2015 Paris Agreement, 197 nations agreed to adopt policies to keep global temperature rise in this century well below 2 degrees C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees C (Paris Agreement, 2015).

Nations also agreed in the 1992 UNFCCC that:

States have, in accordance with the Charter of the United Nations, the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or areas beyond the limits of national jurisdiction (UNFCCC, Preamble).

This principle is referred to as the “no harm” principle.

This paper now identifies seven issues that citizens and the media need to understand to critically evaluate both any nation’s response to climate change and the most frequent arguments made by opponents of government climate change policies.

1. Because of certain features of climate change, many climate change policy issues raise ethical/fairness questions which are practically significant for global prospects of preventing catastrophic climate harms.
 
Certain features of climate change require it to be understood and responded to as a moral and ethical problem. These features are:
 
  • Some nations are more responsible than others for the rise of atmospheric concentrations of GHGs.
  • The countries most vulnerable to climate change impacts are among the nations least responsible for the rise of atmospheric GHG concentrations.
  • The potential harms to the most vulnerable are not mere inconveniences but include potential catastrophic harms to health, life, and ecological systems on which life depends.
  • Those who are most vulnerable to climate change impacts usually can’t petition their governments for protection. Their best hope is that the countries that are most responsible for climate change will comply with their duties to reduce their emissions to their fair share of safe global emissions while complying with several other principles expressly agreed to in the UNFCCC which are discussed in this paper.  

(Sceptical Science)

Because of this, climate change policy-making raises a host of ethical or fairness issues that arise in specific policy-making steps that have important practical significance for global prospects of preventing dangerous climate impacts. Yet these ethical issues have frequently been ignored in the technical scientific and economic debates which have largely dominated climate change controversies visible to the public.

2. Issues that arise in four steps that the setting a national GHG emissions reduction target Implicitly takes a position on.

Every national GHG emissions reduction target adopted by a nation under the UNFCCC commonly referred to as a Nationally Determined Contribution or NDC, implicitly takes a position on four issues that raise ethical or fairness questions that have profound implications for policy-making. Almost all nations thus far have failed to identify their justification for their positions on these four issues (Brown and Taylor, 2015). Yet under the goals of the enhanced transparency mechanism of the Paris Agreement, nations should explain their justification for their positions on these issues because a nation’s NDC implicitly takes a position on these issues when they develop an NDC. Because some developed nations including the United States successfully resisted making the Paris Agreement enforceable in 2015, requiring nations to explain their justifications for their NDCs under the transparency mechanism under the Paris Agreement is the only tool under the Paris Agreement to put pressure on governments to improve their compliance with the Paris Agreement goals. For a more detailed discussion of the four steps , see (Brown et. al, 2018).

The four issues arise in four steps that all NDC policy formation processes must implicitly take a position on:

(1) Identify a global warming limit goal to be achieved by the GHG emissions reduction target or NDC.

Because under the Paris Agreement nations pledged to take best efforts to limit warming to as close as possible to 1.5 C but no greater than 2.0 C, nations have some discretion to adopt NDCs that will achieve a global warming goal in the 1.5 C to 2.0 C. Yet because a nation’s position on any warming limit goal is implicitly a position on how much harm to others the nation deems acceptable, this decision raises questions of fairness and justice which are usually referred to under the term “equity,” a  concept which nations expressly agreed would guide their GHG policies under the UNFCCC and a concept which this article will examine below. Because there remains some scientific uncertainty about what temperatures will cause the most feared climate impacts that may be caused if temperatures trigger numerous “tipping points” or positive feedbacks that will accelerate the warming, the warming limit goal that the NDC seeks to achieve also raises profound questions of fairness to those nations and people most vulnerable to climate change impacts particularly if warming triggers any of the tipping points.

(2) Identify a global carbon budget that must constrain the international community’s GHG emissions to achieve any warming limit goal.

IPCC and other scientific organizations have identified different carbon budgets with different probabilities, usually expressed in gigatons of CO2e, available to achieve any warming limit goal. Because carbon budgets are usually arranged in probabilities of achieving a warming limit goal and some countries are much more vulnerable than others to climate harms, the selection of a carbon budget from among others that have different probabilities of achieving warming limits goals raises issues of fairness to the nations who are most vulnerable to climate change impacts. In this writer’s experience, governments very frequently rely on carbon budgets that were calculated at least several years before that have not been adjusted to reflect the shrinking of the budget that has occurred due to emissions since the date at which the budget was calculated. For a discussion of how to identify a carbon budget that reflects the considerations that ideally should relied upon in selecting a carbon budget see, Brown et al, 2018. 

(3) Determine the national fair share of the global carbon budget based on equity and common but differentiated responsibilities and respective capabilities as agreed to in the UNFCCC and Paris Agreement.

Although what “equity” requires is an issue that ethicists have different opinions on, there is widespread agreement among ethicists that some claims nations have made about what equity requires of them in setting their NDC that fail to pass minimum ethical scrutiny. In this regard, ethicists often claim one need not know what perfect justice requires to spot injustice. For instance, in response to some nations who argued that their high costs of reducing GHG emissions was relevant to what equity required of them, IPCC concluded that:

The methods of economics are limited in what they can do. They are suited to measuring and aggregating the well-being of humans, but not in taking account of justice and rights (IPCC, 2014, AR5, WG III, Ch. 3, pg.224).

A claim made by US President Trump for his justification for removing the US from the Paris Agreement was that the Paris deal was unfair to the United States is obviously false because the Paris Agreement allows nations to determine what equity requires of the nation in achieving the Paris Agreement’s warming limit goals.

To determine any nation’s fair share of any carbon budget is essentially a question of what “equity” requires of the nation in achieving any warming limit goal. Although reasonable people may disagree on what equity expressly requires of a nation to reduce its GHG emissions, the Intergovernmental Panel on Climate Change (IPCC) said its 5th Assessment report that despite some ambiguity about what equity means:

There is a basic set of shared ethical premises and precedents that apply to the climate problem that can facilitate impartial reasoning that can help put bounds on the plausible interpretations of ‘equity’ in the burden-sharing context. Even in the absence of a formal, globally agreed burden sharing framework, such principles are important in expectations of what may be reasonably required of different actors (IPCC, 2014, AR5, WGIII, Ch.4.pg 317).

The IPCC went on to say that;

(T)hese equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality, and the right to sustainable development (IPCC, 2014, AR5, WGIII, Ch.4, pg 317).

Responsibility is understood to mean historical responsibility for the current problem not emissions levels per year.

(Columbia University, 2019)

This chart demonstrates that the US historical emissions are much greater than China’s despite China surpassing the US in total tons of yearly CO2 emissions several decades ago. Frequent claims have been made by opponents of climate change policies that because China is currently the largest emitter of GHG in respect to tons of emissions, it is unfair to require a nation such as the United States to make significant emissions reductions without acknowledging that this is not true in respect to historical emissions which are more relevant to determine which countries are more responsible for the current warming problem.

Another variable that IPCC concluded is a legitimate consideration for determining what equity requires of a nation in determining its NDC is per capita emissions. The following chart depicts that the US has among the highest per capita emissions among countries.

(Columbia University,2019)

The other two factors that IPCC concluded are relevant to a nation’s determination of what equity requires of it in formulating its NDC are “economic capacity” and “rights of developing nations to sustainable development.” These variables support the arguments of poor vulnerable countries that developed countries such as the United States should adopt more aggressive emissions reductions than poor vulnerable nations.

The following chart demonstrates that unless high emitting nations including the EU and the USA base their emissions reduction targets on what equity requires of it to reduce their GHG emissions, there is no hope that the international community will achieve any warming limit goal. The upper line in the chart represents the emissions reduction pathway that must constrain the entire world to achieve a 2C warming limit goal. The reduction curves of the four largest national emitters represent reduction pathways that these countries’ NDC would achieve. 

(Global Carbon Project, 2019)

Thus unless high emitting nations base their emission reduction target or NDC on their equitable share of any carbon budget that must constrain global GHG emissions to achieve any warming limit goal, there will be nothing left of the remaining carbon budget for lower-emitting developing countries to allocate to themselves when they establish their NDC and they will thus have to achieve zero emissions quicker than the higher emitting developed nations. Therefore requiring nations to base their NDC on their equitable share of a remaining carbon budget is both required by principles of fairness and practically indispensable for the international community to achieve any warming limit goal.

(4) Specify the annual rate of national GHG emissions reductions on a pathway to achieve any warming limit goal.

These two different curves of different pathways to achieve zero emissions by 2050 demonstrate that different pathways to the same reduction target will consume more of the available remaining carbon budget to achieve any global warming limit goal. 

Although citizens around the world have learned the importance of being able to visualize whether governments are flattening the COVID-19 infection curve to judge the effectiveness of policies to minimize the risks of the pandemic, such a curve of a government’s GHG emissions reductions is even more important to help citizens track and evaluate the effectiveness of a government’s climate policies because, among other reasons, any failure to reduce GHG emissions as planned in its emissions reduction pathway makes the global problem more difficult and expensive to solve as we will see below. The speed at which GHG reductions are made is extraordinarily relevant to evaluate a nation’s reduction policy because delay makes the carbon budget available for the world to use smaller and, as will see, makes the possibility of achieving any global warming goal more expensive and difficult to achieve.

(UCSUSA)

The hourglass on the left represents the available carbon budget for any warming limit goal at any point in time. Yet because all GHG emissions are reducing the available budget, the top half the hourglass on the right is meant to visualize the relevant carbon budget sometime in the future. For climate change policy, doing nothing or delaying to reduce emissions makes the problem worse for the world. Thus the delays by the United States in adopting policies necessary to achieve the Paris Agreement’s warming limit goals since they were established in 2015 has already made it more difficult for the international community to achieve the Paris warming limit goals. In addition, US President Trump’s justification for US withdrawal from the Paris Agreement of “putting America first” is indefensible because the US agreed under the UNFCCC that it had a duty to adopt policies that will stabilize GHG atmospheric concentrations at safe levels and US GHG emissions are making the problem more difficult for the world to achieve any warming limit goal,

3. Because all CO2e emissions are diminishing the carbon budget that must constrain global emissions to achieve any warming limit goal, the speed of reducing GHG emissions as well as the magnitude of emissions reduction are crucial for achieving any warming limit goal.

Much of the public debate about climate change policies in the United States has focused on the quantify of GHG emissions needed by a date certain, such as 80% by 2050, without any acknowledgment that the speed of achieving the reduction target must be understood to evaluate the acceptability of how much of the remaining carbon budget the policies which will implement the reduction goal target will allocate to the nation. 

 In 2016, the United Nations “Bridge the Gap Report” found that to achieve the 1.5 C warming limit goal with a 50% probability, the world needed to reduce CO2e emissions to net-zero by 2045 (UNEP, 2016).  To achieve the 2.0 warming limit goal with a 66% probability, UNEP also claimed in 2016 the world needed to reduce CO2e emissions to net-zero by 2070 (UNEP, 2016). Given these estimates were based on carbon budgets available for the entire world before 2016 and did not include adjustments for equity that are particularly practically important for developed countries to do to determine their fair share of the available remaining carbon budget, developed nations would need to reduce their emissions to net-zero even earlier than these dates. 

In 2019, UNEP published another “Bridge the Gap Report” which quantified the profound policy implications of delaying global emissions reduction programs necessary to achieve the 1.5C  warming limit goal. On achieving the 1.5C warming limit goal the report said:

Thus a mere six-year delay of waiting from 2019 until 2025 to implement policies needed to achieve the 1.5 C warming limit goal increases the needed necessary global reduction rate for the whole world from 7.6 % to 15.5%. Yet, in this writer’s experience, there has been little media coverage of the consequences of governments’ delay in reducing GHG emissions to levels required of them to meet the Paris agreement’s warming limit goals. Although the US media occasionally comments on President Trump’s intention to remove the US from the Paris Agreement, I have never heard anyone from the US media comment on the harm to the world caused by the Trump decision to move out the Paris Agreement.

4. No nation may fail to comply with its obligations under the 1992 UNFCCC on the basis of scientific uncertainty because all nations expressly agreed to be bound by the precautionary principle.

More specifically the treaty in Article 3 of 1992 UNFCCC said:

The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects.  Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost (UNFCCC, 1992, Article 3.3).

 From the standpoint of ethics, those who engage in risky behavior are not exonerated because they did not know for sure that their behavior would actually cause harm once there is a reasonable scientific basis for concluding that an activity is dangerous. In fact, many ethicists hold that those who are engaged in dangerous behavior should shoulder the burden of proof to demonstrate that their behavior is safe before being permitted to continue the dangerous behavior. Hans Jonas, a highly respected philosopher on ethical issues that arise in policy-making that must face scientific uncertainty, has said in responding to scientifically plausible dangerous human activities in policy-making, that prophesies of gloom should be given priority over prophecies of bliss (Jonas, 1984). 

 

In this writer’s experience, many, if not most scientists and engineers, don’t know that who should have the burden of proof and what quantity of proof should satisfy the burden of proof in regard to responses to activities that create scientifically credible concerns of dangerous impacts is an ethical issue, not a value-neutral scientific issue. This ignorance is compounded by the fact that most scientific disciplines usually follow epistemic norms or rules that determine when causal claims can be made which are designed to prevent a false positive, or a premature conclusion claiming the cause of an effect has been demonstrated. This phenomenon is referred to by scientists that scientific procedures are designed to prevent a “Type1 statistical error”  Although many, if not most scientists, in this writer’s experience, are aware that the epistemic rules of their discipline have been established to prevent a false positive, they are infrequently aware that when human activity is already creating a scientifically plausible risk of harm, but because the complexity of the problem, such as the case in determining the cancer risk of mixtures of carcinogenic substances, prevents a government from determining the magnitude of the risk of the dangerous behavior before exposure to the risk can be prevented, ethics requires governments to follow a “precautionary science” approach to determine the nature of the harm. For a discussion of these issues see on this website “On Confusing Two Roles of Science and Their Relation to Ethics.”  

A recent paper by the Breakthrough Institute claimed that IPCC has been underestimating the speed that some of the most worrisome climate tipping points could be triggered, including methane from permafrost, because the models on which IPCC relied could not integrate empirically-based permafrost risk melting rates because the melting was taking place from the bottom of the permafrost land mass up to 50 miles inland. (WLB, 2018)  If this was the case, ethics would require that scientists develop a precautionary approach to estimating the speed of the methane leakage which would rely on reasonable speculation of the timing of the methane leakage from the permafrost rather than ignoring the risk.

Some issues in environmental policy-making have relied on a “precautionary science” including the development of cancer risk levels for very low doses of known carcinogenic substances because of practical limitations of determining the carcinogenicity of substances at very low dose levels.

In addition to the express inclusion of the “precautionary principle” in the 1992 treaty, as we have seen, nations agreed under the “no harm” principle that they have duties to prevent activities within their jurisdiction from harming others beyond their borders. This principle of customary international law has been interpreted by courts to assign responsibility to governments to protect others beyond their borders not only when a nation knew for sure that an activity within its jurisdiction would cause harm beyond its borders but legal responsibility is triggered when the nation could envision that certain harms to others could result from the activities within its jurisdiction (Voight, 2008) 

As a matter of ethics, those engaged in scientifically plausible dangerous activities about which for practical reasons the uncertainties cant be resolved quickly enough for the government to take precautionary action should have the burden of proof to determine that the activity is safe. For this reason, a strong ethical argument can be made that opponents of climate change have had the duty to demonstrate following normal scientific epistemic norms in peer-reviewed journals that the world’s increasing GHG emissions and resultant atmospheric concentrations are safe.The scientific skeptic community have always had the option of publishing their claims in peer-reviewed journals but rarely have.

Scientific uncertainty argument has continued to dominate the debate about climate change policy adoption for almost 40 years despite the mountain of scientific evidence of human causation that began slowly in the early 19th Century and began significantly speeding up after measurements that began in 1958 by Charles Keeling on Mona Loa, Hawaii demonstrated rising atmospheric CO2 concentrations.

One day in September1997, while serving as Program Manager for United Nations Organizations in the US EPA Office of International Activities, this writer was tasked by the US State Department during negotiations of the UN Commission on Sustainable Development to co-chair for the United States a negotiation on whether governments were willing to stipulate that the global warming, then already discernible, was human-caused rather than the result of natural forces. These natural climate drivers included, among others, several cyclical changes in the sun’s energy output that reaches Earth, due to changes in the sun’s orbit, wobble on its axis, and changes in radiation levels, ocean circulation and chemistry, movement of the Earth’s tectonic plates, and CO2 releases as the result of volcanic activity.

A few OPEC countries led by Saudi Arabia at the start of the negotiation on this matter balked at agreeing to language that concluded that human activities were responsible for the growing climate change threats. Yet when I pointed out that their scientific representatives had agreed to the very same language under discussion in a meeting of  IPCC climate scientists the year before, all countries finally agreed to stipulate that the balance of scientific evidence supported that the increasing global warming the world was experiencing was human-caused. Although scientists from around the world in IPCC meetings had agreed to human causation, this negotiation was the first time the world’s governments agreed to state that science supported human causation of change. Thus, every country in the world, including the world’s petroleum states which had consistently blocked global action on climate change, agreed more than two decades ago that the ominous climate changes the world has been experiencing have been primarily caused by rising levels of GHGs in the atmosphere which are attributable to human activities. Yet opponents of climate change policies including some fossil fuel countries and related industries continue to support witnesses in public fora considering proposed climate legislation who claim that human activities are not causing climate change.

The reason for the universal international agreement among nations that humans are responsible for the climate change the world is experiencing is that the evidence of human causation is extraordinarily compelling despite the fact that the Earth has experienced warming and cooling cycles during Earth’s history in responses to natural forces. The confidence of human causation is very high because scientists: (1) can predict how the Earth will warm up differently if a layer of GHGs in the atmosphere warms the Earth compared to how the planet warms if the natural forces that have caused warming in the Earth’s historical heating and cooling cycles, these differences are referred to as “human footprints”,(2) have compared the temperature forcing of human GHGs to forcing of the natural causes of climate variations in “attribution studies,” and have concluded that only the forcing from human sources can explain the rise in global temperatures, (2) have known precisely since the mid-1880s the amount of forcing a molecule of CO2  generates in watts per square meter, (3) have known that the CO2 accumulating in the atmosphere is from fossil fuel combustion because of its chemical isotope, (4) determined that the CO2 accumulating in the atmosphere is directly proportional to the timing and amount of fossil fuel combustion around the world, (5) tested these lines of evidence rigorously in computer model experiments since the 1960s, (6) these models have not only accurately predicted future warming, they have been run backward and accurately described past temperature regimes, .

(Skeptical Science)

The way the atmosphere heats up is one of ten lines of evidence referred to as fingerprints that support human causation of experienced warming. For instance, if a layer of GHGs is causing the observed warming, the lower atmosphere warms as the upper atmosphere cools. If variations in the sun’s energy reaching Earth are causing the warming, the upper and lower atmosphere warm at a similar rate. This has been tested and the conclusions support atmospheric GHG are causing the warming.


(Simple Climate)

This chart compares the warming expected from human activities in red, to the warming expected by natural forcing in blue, to the actual observed warming in black. Thus this comparison is strong evidence for attributing recent warming to human forces. 

The scientific confidence in the consensus view of climate change is also extraordinarily strong because, in 1988, the World Health Organization and the UN Environment Program Created the Intergovernmental Panel on Climate Change (IPCC) whose mission is to synthesize the peer-reviewed climate science and socio-economic literature on climate change and make recommendations to the international community. Approximately every five years, starting in 1990, thousands of scientists, most of whom had been recommended by member governments for their scientific expertise, produce comprehensive three volume IPCC  reports.  The IPCC does not  do  research, it synthesizes the published scientific literature.

 

This chart depicts that IPCC’s conclusions about human causation of climate change increased in confidence in every report with the last report claiming that human cause of climate change was virtually certain, meaning at least a 95% probability,

IPCC has issued 5 Reports since 1990.The Reports are produced in three different working groups, WGI synthesizes the physical climate science literature, WGII  synthesizes the science on climate change impacts, adaptation, and vulnerability, and WGIII which focuses on  mitigation. This writer was a contributing author on a new IPCC Chapter in Working Group III in the IPCC 5th assessment on ethics and sustainability.

Scientific uncertainty arguments have continued to generate political opposition to government action on climate change despite the overwhelming strength of the evidence of human causation, that every Academy of Science in the world, and over 100 scientific organizations with expertise in climate science have issued statements in support of the consensus view, and at least 97 % of all scientists that actually do peer-reviewed climate science support the consensus view, and as we have seen, every government in the world agreed that climate change is human caused. .    ,

In “The Denial Countermovement”  sociologists Riley Dunlap and Araon McCright describe how some fossil fuel companies, corporations that depend on fossil fuel, business organizations, and free-market fundamentalist foundations successfully prevented government action on climate change by funding the climate change disinformation campaign which they explain sought to undermine the public’s confidence in mainstream science (Dunlap, R., & McCright, A., 2015. p. 300).

On October 21, 2010, the John Broder of the New York Times, http://community.nytimes.com/comments/www.nytimes.com/2010/10/21/us/politics/21climate.html?sort=newest&offset=2, reported, that “the fossil fuel industries have for decades waged a concerted campaign to raise doubts about the science of global warming and to undermine policies devised to address it.” According to the New York Times article, the fossil fuel industry has ” created and lavishly financed institutes to produce anti-global-warming studies, paid for rallies and Web sites to question the science, and generated scores of economic analyses that purport to show that policies to reduce emissions of climate-altering gases will have a devastating effect on jobs and the overall economy.”

Without doubt, those telling others that there is no climate danger heading their way have a special moral responsibility to be extraordinarily careful about such claims. For instance, if someone tells a child laying on a railroad tracks that they can lie there all day because there is no train coming and has never rigorously checked to see if a train is actually coming would be obviously guilty of reprehensible behavior.

This website includes 17 entries including three videos on the climate change disinformation campaign which both explain many aspects of this campaign and importantly distinguish the tactics of this campaign from legitimate climate skepticism (See, “Start Here and Index” Tab above under “Disinformation Campaign”).  Just as screaming fire in a crowded theater when no fire exists is not construed to be a justifiable exercise of free speech because the claim of fire will likely lead to recklessly damaging behavior, climate change science disinformation cannot be justified on free speech grounds and must be understood as the morally indefensible behavior of many fossil fuel companies, some corporations, industry organizations, and free-market fundamentalist foundations that have funded the climate change disinformation campaign because inaction will cause atmospheric  CO2 concentrations to rise and remain in the atmosphere for thousands of years, likely cause great harm, and perhaps make it impossible to prevent catastrophic damages to human health and ecological systems on which life depends.

On this website, we have consistently acknowledged that skepticism is the oxygen of the scientific method and should be encouraged even on climate change issues. On the other hand, the tactics of the climate change disinformation campaign are deeply morally reprehensible strategies designed to undermine mainstream climate change science. For a summary of why the tactics are immoral see on this website:Insights from a New Book on Sociology and Climate Change: The Heinous Denial Countermovement

The immoral tactics have included:

(a) lying about or acting with reckless disregard for the truth on some climate change science claims;

(b) cherry-picking climate change science by highlighting a few climate science issues about which there has been some uncertainty while ignoring enormous amounts of settled climate change science;

(c) using think tanks to manufacture claims about scientific uncertainty which have not been submitted to peer-review;

(d) hiring public relations firms to undermine the public’s confidence in mainstream climate change science;

(e) making specious claims about what constitutes “good” science;

(f) creating front groups and fake grass-roots organizations known as “Astroturf” groups that hide the real parties in interest behind opposition to climate change policies; and

(g) cyber-bullying scientists and journalists who get national attention for claiming that climate change is creating a great threat to people and ecological systems on which life depends.

We have frequently explained on this website that although skepticism in science a good thing, ethical considerations require that those making claims that conflict with a large body of peer-reviewed science should play by the rules of science by subjecting their claims to peer review. This conclusion is particularly strong when the scientific claim is about activities which are potentially very harmful.

 5. No nation may fail to comply with Its obligations under the UNFCCC due to high economic cost to the national economy.

As we have seen, all nations in 1992 when they agreed to be bound by the ” no harm” principle acknowledged that they had a duty to adopt climate change policies that would keep climate change from harming others outside their jurisdiction. A nation’s duty to adopt policies that will prevent climate change caused harms is not diminished  under the “no harm: rule because these policies will be costly to the nation or a national industry.

In addition, because climate change is now violating the most basic human rights including the rights to life and health, and national responsibilities to protect human rights are not excused because of high costs to a government responsible for preventing human rights violations, nations may not refuse to adopt climate policies necessary to prevent predicted climate impacts that violate basic human rights on the basis of cost to the nation.

A 2019 Special Report of the UN General Assembly found that climate change was already causing 150,000 premature deaths, a number which is sure to increase as temperature rises (UN General Assembly, 2019).

Climate change is also expected to increase infectious diseases through greater transmissions by bugs including mosquitoes and ticks whose numbers and ranges are expected to increase in a warming world.  Climate change is also expected to cause numerous other health problems and deaths to the world’s population in many additional ways. It is already causing massive health problems including loss of life from intense storms, droughts, floods, intense heat, and rising seas and the current numbers of these health problems will surely rise in a warming world. Predicted warming is also already creating international chaos and conflict from the over million refugees that have had to flee their homes due to the loss of water supplies needed for drinking and agriculture.

As horrific as these climate impacts, even modest amounts of additional warming threatens to surpass levels that will trigger various ” tipping points” that could very dangerously speed up the warming. A tipping point may be understood as the passing of a critical threshold in the earth climate system – such as major ocean and atmospheric circulation patterns, the polar ice sheet, and the terrestrial and ocean carbon stores – which produces a steep change in the system (WLB, 2018). Progress toward triggering a tipping point is often driven by positive feedbacks, in which a change in one component of the climate system leads to further changes that eventually “feedback” onto the original component to amplify the effect. A classic global warming example is the ice-albedo feedback which happens when melting ice sheets cause more heat energy to warm the Earth rather than the ice reflecting the heat energy from the sun out into space.

(Business Insider)

Although the upper warming limit goal of 2 C in the Paris Agreement was based on an informal scientific consensus in 2015 that the tipping point feedbacks would not likely be triggered until warming exceeded 2 C, recently there has been some evidence that several tipping points of concern are showing signs of destabilization including methane permafrost (Anthony et al, 2018), arctic summer ice sheets are predicted to disappear in the coming decade, and the Greenland ice sheet has already past a point of no return (Morgan McFall-Johnson, 2020). These tipping points could trigger a domino effect tipping other feedbacks creating an existential crisis for much of life on Earth (Leahy, S. 2019).

Cost is also not an acceptable justification for a nation’s refusal to adopt climate policies necessary to prevent horrific climate impacts because nations agreed to the ” polluter pays” principle under the Rio Declaration in 1992 which says:

National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment. (Rio Declaration, 1992, Principle 16)

6. Cost-benefit analysis is not an ethically acceptable analytical tool for limiting a government’s climate change responsibilities.

Many opponents of proposed climate change policies have argued that a nation’s response to climate change must satisfy cost-benefit analysis (CBA). Cost-benefit analysis can be a useful tool to determine how to maximize human preferences, but ethics ask a different question. Ethics asks us to consider which preferences are acceptable to have. 

CBA can be a useful tool to determine economic efficiency but cannot determine what justice requires of our choices. As a result, for example, few people would propose the government use CBAs to determine whether the government should decriminalize child prostitution or when rape is acceptable.

CBA also requires that government policy-making translate all values into commodity value. Using CBA to determine the acceptability of climate change policies requires the policy process to compare the costs of implementing policies to reduce GHG emissions to the economic value of harms avoided by the implementation of the policies, including the economic value of people who might be killed by climate impacts, the economic value of health free of diseases that will be avoided by climate change policies, the economic value of treasured ecological systems, plants and animals and many other things that ethical theory holds should not be valued only for their commodity value. Although, for instance, some plants and animals are sacred in some cultures, such as cows in India and Elephants in Thailand, using a willingness to pay to determine the value of climate harms avoided requires transforming sacred value into commodity value. Given that GHG emissions harm people and governments around the world, using CBA to determine the acceptability of costs to a government of reducing GHG emissions requires that the economic value of avoiding the harms everywhere that will be avoided by the implementation of the climate policies be quantified, a concept often referred to as the “social cost of carbon.”. This is usually calculated by governments without the acceptance of those whose interests will be harmed by determining the “willingness to pay” for protecting things that will be harmed that have no market value and by determining the present value of things that will be harmed in the future by discounting the values of things harmed in the future by judging what discount rate should apply, a decision for which there is no value-neutral way of proceeding. 

Since as we have seen, CO2 will last in the atmosphere for tens of thousands of years, and because climate change is capable of killing much of life on Earth particularly if a tipping point causes a cascade of tipping points, CBA used in climate change policy-making needs to face incredibly difficult challenges in determining what future harms will be created by GHG emissions and how to value these harms.

A question posed by a well-known economist to the audience at a conference I recently attended I thought demonstrated the absurdity of using commodity value to quantify the value of all potential climate harms. The economist asked the audience if they had any ideas about how to put a value on all human life if climate change killed all human life on Earth.

Support of CBA has been sometimes justified by some economists on the basis of utilitarian ethical theory which claims that society should develop policies that maximize human preferences although most philosophers hold that maximizing utility is not an ethically supportable justification for violating human rights.  

There are numerous other ethical problems with the use of CBA to determine the acceptability of climate policies. See, Ethical Issues in the Use of Cost-Benefit Analysis of Climate Change Program.  

Many subnational governments, including Pennsylvania for example, have used CBA to determine whether proposed climate policies are justified by comparing the costs of the policies to the economy of the government implementing the policy, such as Pennsylvania, to the economic value of the harms avoided by the policy only in the sub-national government. Yet this approach is ethically problematic because such comparison ignores the harms to the rest of the world that will be caused by the GHG emissions from the sub-national government.

7. Developed nations under the 1992 UNFCCC acknowledged a duty to assist developing nations with financing adaptation and mitigation and have a moral and perhaps legal responsibility to help compensate developing nations for their climate losses and damages.

The arguments made by opponents of climate change policies based on the cost to a government of adopting climate policies ignore the fact that under the UNFCCC, developed country Parties agreed to provide financial resources to assist developing country Parties in implementing the objectives of the Convention through, that is their mitigation costs (UNFCCC, Art. 4, 3). The developed countries also agreed under the UNFCCC that they have the responsibility to assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting their costs of needed adaptation to adverse effects (UNFCCC, Art 4, 4). The Paris Agreement also provides that the developed countries shall provide financial resources to assist developing country Parties with respect to both mitigation and adaptation in continuation of their existing obligations under the Convention (Paris Agreement, Art. 9.1). Yet the arguments made by opponents of climate change based on excessive costs to a nation of needed climate policies have not considered the costs that developed countries may be responsible for if they must contribute to financing the mitigation and adaptation costs of climate change to poor developing countries.

The “no harm” principle recognized in the UNFCCC also makes nations responsible for climate losses and damages to other nations caused by activities within their jurisdiction. Yet the fact that all nations have contributed to rising atmospheric CO2 levels and there is an absence of legal rules in the international legal system that prescribe how the value of damages should be allocated among all nations responsible for the climate change harms makes it unlikely that a court will find any country financially legally liable for a specific amount of loses or damages in any country (Voight, 2008)  Nevertheless because nations have agreed in the UNFCCC that they have a duty to prevent activities in their jurisdiction from harming countries and people beyond their borders, many of the most vulnerable countries have been pushing for the creation of a financial mechanism under the UNFCCC that would compensate vulnerable countries for climate losses and damages that adaptation cant remediate.

.At the 2012 Doha Conference of the Parties under the UNFCCC, the international community agreed to establish a formal mechanism for compensation for losses and damages which is known as the “Warsaw Mechanism for Loss and Damages (WMLD)”  Article 8 of the 2015 Paris Agreement made the WMLD an official negotiating body of the UNFCCC.  Since the beginning of negotiations of the WMLD, negotiations have gotten bogged down over how to finance compensation for losses and damages in developing countries as developed nations have stressed that any agreement on compensation should not be understood as establishing legal liability for the developed nations to compensate for losses and damages. Although developed nations will likely prevail in avoiding any language that could be construed as establishing their clear legal liability for losses and damages in developing nations, in this writers opinion, developed nations will eventually likely agree to create some mechanism, such as an insurance fund, to compensate vulnerable developing countries for some kinds of losses and damages in developing countries which developed countries will be expected to provide financing for. .

Financial support of developing nation’s mitigation obligations under the UNFCCC is not only legally required under the UNFCCC but also practically important because large-scale investments by developing countries are required to significantly reduce their emissions and very dangerous climate change will not likely be avoided unless developing nations reduce their GHG emissions to their fair share of safe global emissions. Financial support for developing nations by developed nations is also both legally and ethically required to meet the adaptation needs of developing countries.

Climate impacts, such as sea-level rise and more frequent droughts and floods, are already causing devastating effects to communities and individuals in developing countries. These impacts to developing nations are already affecting developed nations because, for instance, between 2008 and 2011, approximately 87 million people were displaced due to extreme weather events which have caused mass migration of refugees which are already destabilizing many developed nations, particularly in Europe (Brookings, 2019). Since 2014 serious drought in and severe weather in Central America has caused large migrations of refugees which have put pressure on the US southern border,  (Wernick, 2018). Because climate change caused refugees are already destabilizing developed countries who have been fleeing vulnerable areas of poor developing nations that have become inhabitable due to climate change-induced droughts, floods, loss of drinking water, and rising seas, developed nations have a strong practical incentive to assist developing nations with adaptation. If developed countries do not help finance adaptation needs in developing countries, they will experience growing conflict and stress caused by vulnerable people’s problems including the 150 million refugees that the World Bank predicts will be created by a 2C temperature rise by the end of this Century, a temperature rise that now appears to be almost inevitable (World Bank, 2018).

References

Anthony et. al., 2018, 21st-Century Modeled Permafrost Carbon Emissions Accelerated by Abrupt Thaw Beneath Lakes, Nature Communications, https://www.nature.com/articles/s41467-018-05738-9#author-information

Business Insider, 2020, The world could hit a tipping point that causes warming to spiral out of control — a scenario scientists call ‘Hothouse Earth, https://www.businessinsider.com/hothouse-earth-climate-change-tipping-point-2018-8

Breakthrough Institute, (WLB, 2018), What Lies Beneath, On the Understatement of Existential Climate Risk, https://docs.wixstatic.com/ugd/148cb0_a0d7c18a1bf64e698a9c8c8f18a42889.pdf

Brookings Institution, 2019, Climate Crisis, Urban Migration, and Refugees, https://www.brookings.edu/research/the-climate-crisis-migration-and-refugees/

Brown, D., Breakey, H., Burdon, P., Mackey B., Taylor, P (Brown et al., 2018)  A Four-Step Process for Formulating and Evaluating Legal Commitments Under the Paris AgreementCarbon & Climate Law Review, Vol 12, (2018) Issue 2, Pg 98 – 108, https://doi.org/10.21552/cclr/2018/2/

Columbia University, 2019, http://www.columbia.edu/~mhs119/CO2Emissions/Emis_moreFigs/

Dunlap, R., & McCright, A., http://www.columbia.edu/~mhs119/CO2Emissions/Emis_moreFigs/ A., 2015. p. 300

Dunlap, R., and McCright, A., (2015) Challenging Climate Change, The Denial Countermovement in Dunlap, R., and Brulle, R. (eds.) (2015). Climate Change and Society, Sociological Perspectives, New York, Oxford University Press

Global Carbon Project, 2019, https://www.kivi.nl/uploads/media/5e57a2255eea1/Presentatie%20Herman%20Russchenberg.pdf

Intergovernmental Panel on Climate Change (IPCC, 2014), 5th Assessment Report, Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge University Press), 317_

Intergovernmental Panel on Climate Change, (IPCC, 2019), Special Report on 1.5 C https://www.ipcc.ch/sr15/

Inside Climate News, 2014, Why A Carbon Budget Matters, https://insideclimatenews.org/news/20140922/climate-primer-explaining-global-carbon-budget-and-why-it-mattersen

Jonas, H, 1984, The Imperative of Responsibility; In Search of an Ethics for a Technological

 Kormann, C., 2019, The Dire Warnings of the United Nations’ Latest Climate-Change Report, https://www.newyorker.com/news/news-desk/the-dire-warnings-of-the-united-nations-latest-climate-change-report

Leahy, S., 2019   Climate Change Driving Entire Planet To Dangerous Tipping Point https://www.natiTonalgeographic.com/science/2019/11/earth-tipping-point/

Morgan McFall-Johnson , 2020,  Greenland’s Melting Ice Sheet Has Passed The Point of No Return, Science Alert, https://www.sciencealert.com/greenland-s-melting-ice-sheet-has-passed-the-point-of-no-return-scientists-say

NOAA, https://www.esrl.noaa.gov/gmd/ccgg/trends/

 NYTimes, 2019, Cyclone Idai Kills at Least 150 in Malawi, Mozambique and Zimbabwe https://www.nytimes.com/2019/03/17/world/africa/cyclone-idai-malawi-mozambique-zimbabwe.html

Rio Declaration, 1992, UN Doc. A/CONF.151/26 (vol. I), 31 ILM 874.

Skeptical Science, https://skepticalscience.com/Those-who-contribute-the-least-greenhouse-gases-will-be-most-impacted-by-climate-change.html

Simple Climate ,https://simpleclimate.wordpress.com/2011/12/09/greenhouse

Steffen et al. 2018, Trajectories in the Earth System in the AnthropoceneProceedings of the National Academy of Sciences, http://macroecointern.dk/pdf-reprints/Steffen_PNAS_2018.pdf

Science Daily, 2019, Breaching a ‘carbon threshold’ could lead to mass extinction, https://slideplayer.com/slide/11848341

Skeptical Science, https://www.skepticalscience.com/graphics.php?g=86

UCSUSA, https://blog.ucsusa.org/wp-content/uploads/2013/11/Two-Degrees-Hourglass.jpg

United Nations Environment Program (UNEP), 2016, Bridge the Gap http://wedocs.0unep.org/bitstream/handle/20.500.11822/10016/emission_gap_report_2016.pdf?sequence=1&isAllowed=y

United Nations General Assembly, 2019, Special Report on Human Rights and Climate Change https://www.ohchr.org/Documents/Issues/Environment/SREnvironment/Report.pdf

United Nations Environment Program.(UNEP,) 2019, Bridge the Gap, https://www.unenvironment.org/resources/bridging-emissionsu

 United Nations Framework Convention on Climate Change (UNFCCC, 1992) https://unfccc.int/resource/docs/convkp/conveng.pdf

World Bank, 2018, Climate Change Could Force Over 140 Million to Migttrate Within Countries by 2050: https://www.worldbank.org/en/news/press-release/2018/03/19/climate-change-could-force-over-140-million-to-migrate-within-countries-by-2050-world-bank-report

Wernick, A., 2018, Climate Change  Is Conributing  To Migration of Central American Refugees, The World, https://www.pri.org/stories/2018-07-15/climate-change-contributing-migration-chttps

Yale Climate Connections (2010), https://yaleclimateconnections.org/2010/12/common-climate-misconceptions-atmospheric-carbon-dioxide/

 

 

 

 

Madrid COP 25 Event on the Urgency of and Getting Traction for Ethical Principles to Guide National Responses to Climate Change

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Climate change has certain features that more than any other environmental problem scream for attention that it should be understood and responded to as an ethical problem. These features include that it is a problem that: (1) has mostly been caused by developed nations; (2) most threatens poor vulnerable people and nations which have done comparatively little to cause the problem; (3) creates harms to the most vulnerable that include potential catastrophic losses of life and damages to ecological systems on which life depends; (4) those people who are most vulnerable to it cannot depend on petitioning their governments for protection, their best hope is that those most responsible for raising atmospheric greenhouse gas (GHG) concentrations will respond to their ethical and moral duties to reduce their emissions to their fair share of safe global emissions; and, (5) because GHGs from any country mix well in the atmosphere, they thereby are contributing to rising atmospheric concentrations which are responsible for harming people and ecological systems far beyond their boarders.

Yet nations, and even most environmental NGOs have largely ignored evaluating nations’ responses to climate change through an ethical lens but have usually simply responded to the arguments of opponents of  climate change which largely have been claims that proposed policies on climate change are unsupportable because: (1) the policies would create  unacceptable costs to the national economy or a specific national industry; or, (2) the policies were not justifiable because of scientific uncertainty about alleged adverse climate change impacts. And so, when opponents of climate change argued in opposition to proposed climate change policies on the grounds of unacceptable costs that the policy would create,  proponents often responded by simply asserting responses to climate change would create jobs rather than helping citizens understand that behaviors that cause violations of human rights, kills others or destroys ecological systems on which life depends cant be justified on the grounds that the cessation of these destructive behaviors would impose costs on those engaged in the destructive behavior. In response to the scientific uncertainty arguments made by opponents of proposed climate change policies, proponents of climate policies usually simply make claims such as 97% of climate sciencentists support the consensus view while ignoring the fact that that every country in the world agreed in the 1992 climate threaty that scientific uncertainty should not be used as a excuse for taking protective action.

By not helping citizens see the morally indefensible problems with orguments made by opponents of climate change policies, proponents of climate change policies are failing to motivate those who are not motivated by the scientific and economic technical discoures which have dominated climate change policy controversies and which are not likely to mobilize public concern, strong emotion, or activism that fuel strong public social movements. (Wetts, 2019)

A recent paper by sociologist Rachel Wetts of Brown University found that of 1768 press releases about climate change issues only 3.4% attempted to motivate climate responses on the basis of moral obligations. (Wetts, 2019)

On December 12th at the Madrid COP 25 of the United Nations Framework Convention on Climate Change, UNESCO, in cooperation with the Center for Environmental Ethics and Law, sponsored a panel on the urgency of getting nations to comply with their ethical obligations to respond to climate change. This panel On the Urgency of  and Getting Traction for Ethical Principles to Guide National Responses to Climate Change was part of a UNESCO event entitled Changing Minds, Not the Climate,  Science, Knowledge Systems, and Ethics for Enhanced Ambition and Resilience. 

The ethics panel discussed numerous specific policy decisions on climate issues that raised important ethical issues, yet tragically the ethical problems with the arguments made by opponents of climate policies were rarely identified. Despite the fact that arguments made in opposition to the proposed climate policy issues would not survive minimum ethical scrutiny if they were subjected to ethical critique, the ethical problems with the arguments made against climate policies are rarely identified. Furthermore, unless citizens spotted the ethical problems with their nation’s response to climate change they could not effectively critique their nation’s response to climate change.  For instance, every national GHG reduction target is implicitly a position of the national government on how much harm the government deems it is acceptable to impose on vulnerable people and nations because every ton of GHG emissions makes the harms worse, and every target is also implicitly a position on the nation’s fair share of a carbon budget that the entire world must live within to prevent a warming limit goal from being exceeded.  Yet these ethical problems with national climate change responses have been infrequently part of national climate debates.   The speakers on the Madrid COP 25 panel on the urgency of getting traction for ethics in climate change policy formation were

  • Donald A. Brown, Scholar In Residence, Sustainability Ethics and Law, Widener University Commonwealth Law School (USA) who explained the urgency of getting traction for ethical principles to guide government responses to climate change both to prevent climate catastophe and to critically evaluate the arguments of climate change policy opponents;
  • Kathryn Gwiazdon, J.D., Esq., Executive Director, Center for Environmental Ethics, and Law, Chicago (USA) who gave numerous examples of specific climate change policy controversies that raise obvious but often unacknowledged ethical issues;
  • Sébastien Duyck, Research Fellow, Institute of European and International Economic Law, University of Bern who explained efforts to get traction for human rights obligations in climate change policy formation; and,
  • Jean-Pascal van Ypersele, Professor of  Climatology and Environmental Sciences, “Université Catholique de Louvain” (Louvain-la-Neuve, Belgium), former IPCC Vice-Chair (2008-2015), member of the Royal Academy of Belgium who epained his experiences with getting the conclusions of IPCC which should trigger moral obligations accepted.

In December of 2017, UNESCO adopted the Declaration of Ethical Principles in relation to Climate Change, which sets out a number of important ethical principles to guide political decision-making and formulation of cross-cutting public policies around the world. Among the proclaimed six ethical principles, the Declaration emphasizes the links between justice, sustainability and solidarity that could support countries to scale their national commitments and coordinate action across cultures. The Madrid panel discussed why finding ways for getting nations to comply with their ethical obligations is indispensable to avoid catastrophic climate change, and explored strategies for getting traction for ethical principles in guiding national responses to climate change.  Furthermore, the panel discussed that although there are other important and binding sources of international law containing many well settled ethical principles which are relevant to national responses to climate change such as the “no harm,” “precautionary,” and “polluter pays” principles, duties of nations to protect human rights, and adopt emissions reduction targets at levels to prevent dangerous climate change on the basis of “equity,” and common but differentiated responsibilities, nations are ignoring these principles in formulating national policies.

The UNESCO Madrid COP 25 panel reviewed evidence that most nations are still ignoring these ethical principles in national climate change policy formation. The UNESCO panel concluded by inviting individuals to submit ideas about how to get traction for ethics in national responses to climate change.

Until UNESCO sets up a website on these issues, individuals with ideas about how to get traction for ethical guidance for climate policy formation should submit comments to dabrown57@gmail.com for the time being.

By

Donald A. Brown

Scholar in Residence,

Sustainability Ethics and Law

Widener University Commonwealth Law School 

dabrown57@gmail.com

References:

Wetts, Rachel, 2019. “Models and Morals: Elite-Oriented and Value-Neutral Discourse Dominates American Organizations’ Framings of Climate Change.” Social Forces. Published online: https://doi.org/10.1093/sf/soz027

What Climate Activists and the Media Should Learn from Greta Thunberg’s September 23 UN Speech

 

 

Greta Thunberg’s September 23rd speech at the UN on climate change was a brilliant lesson both on the potential power of bringing attention to moral bankruptcy of arguments made by opponents of needed climate change policies, as well as a model for how to make moral and ethical arguments critical of reasons offered in opposition to climate policies.  Thunberg’s speech successfully demonstrated the power of moral arguments critical of claims made by opponents of climate change policies for two reasons: first, because of her speech’s rhetorical excellence, and second for Thunberg’s selection of facts about climate change which supported the speech’s main thesis that governments’ failures to act to reduce the threat of climate change are morally repugnant.

A. The Speech’s Rhetorical Excellence

Aristotle claimed in his writing on rhetoric that speakers are effective in persuading their listeners if the speaker exhibits three qualities: Ethos, Pathos, and Logos.

  1. Ethos.  Speakers exhibit ethos if they convince listeners that the speaker is motivated by what is right or wrong, not by self-interest. Greta Thunberg effectively communicated by her choice of words, rhythm, and emotions that she was motivated by the moral indefensibility of governments that have refused to do what is necessary to avoid climate change harms given the facts she stated in support of this conclusion.
  2. Pathos. Effective speakers demonstrate some passion about the injustice that is motivating him or her. Greta Thunberg’s display of anger was palpable and supported by the facts she relied upon.
  3. Logos. In an effective speech, the speaker’s claims and conclusions are clear and logical. The facts which motivated and supported the premise of her speech, namely that governments’ responses to climate change are morally repugnant, were clearly stated.

B. The Speech’s Foundational Facts

The facts the speech relied upon to support the claim that governments’ responses to climate change are morally indefensible were very persuasive. The speech made the following claims about governments’ inadequate response to climate change:

1, You have stolen my dreams. And yet I’m one of the lucky ones. People are suffering. People are dying. Entire ecosystems are collapsing. We are in the beginning of a mass extinction, and all you can talk about is money and fairy tales of eternal economic growth.

2. The popular idea of cutting our emissions in half in 10 years only gives us a 50 % chance of staying below 1.5 degrees [Celsius], and the risk of setting off irreversible chain reactions beyond human control.

3. 50 % may be acceptable to you. But those numbers do not include tipping points, most feedback loops, additional warming hidden by toxic air pollution or the aspects of equity and climate justice. They also rely on my generation sucking hundreds of billions of tons of your CO2 out of the air with technologies that barely exist.

4. “So a 50% risk is simply not acceptable to us — we who have to live with the consequences.

5. “To have a 67% chance of staying below a 1.5 degrees global temperature rise – the best odds given by the Intergovernmental Panel on Climate Change. – the world had 420 gigatons of CO2 left to emit back on Jan. 1st, 2018. Today that figure is already down to less than 350 gigatons.

6. How dare you pretend that this can be solved with just ‘business as usual’ and some technical solutions? With today’s emissions levels, that remaining CO2 budget will be entirely gone within less than 8 1/2 years.

7. “There will not be any solutions or plans presented in line with these figures here today, because these numbers are too uncomfortable. And you are still not mature enough to tell it like it is.

She then invited listeners to reflect on the moral significance of these facts by repeating the words “How dare you” four times after stating the facts.

The facts that Greta Thunberg relied on to support her conclusion that governments’ inadequate responses to climate change are morally indefensible effectively supported this conclusion.

There are many other facts that proponents of climate change policies could also rely on to support the conclusion that governments’ inadequate responses to climate change are morally indefensible. For instance proponents of climate change policies could bring attention to the following facts which also support the conclusion that governments’ inadequate responses to climate change are morally indefensible:

  1. The staggering magnitude of percent reductions in GHG emissions needed to achieve any warming limit goal such as 1.5 C or 2.0 C become greater the longer governments wait to respond because current emissions are rapidly consuming any carbon budget that the world must live within to achieve any warming limit goal.
  2. The IPCC carbon budgets on which the quantity of reductions needed to achieve any warming limit goal have been calculated through the use of climate models which have ignored some of the positive feedbacks such as methane emissions from melting permafrost or rapid breakup of Antarctic and Greenland ice sheets, both of which are already starting to happen.
  3. The percentage reductions needed to achieve any warming limit goal articulated by IPCC are for the entire world and ignore the legal, practical, and ethical obligations of developed countries to go faster than poor developed countries under the concept of “equity.”
  4.  Although skepticism in science is necessary for science to develop, sociologists have documented that fossil fuel companies have funded disinformation about climate science to undermine public confidence in the conclusions of the most prestigious scientific organizations in the world. See Why Climate Science Disinformation is So Ethically Abhorrent

This site has often commented negatively on the propensity of many proponents of climate change policies to justify climate action largely by making claims that simply counter the factual arguments of opponents of climate change such as that climate change policies are unjustified because they will impose unacceptable costs on the economy, to which most proponents of climate policies often respond  by claiming that policies will create new jobs. Such responses allow opponents of climate change to frame the problem in a way that ignores the moral problems with their arguments. Philosophers call this type of reasoning, which is reasoning exclusively based on facts that ignores ethical and justice issues “instrumental reasoning’ and sociologists have warned for over a decade that economically powerful entities would accomplish their goals by tricking citizens to limit their arguments about public policy to instrumental reasons.  The mainstream media, at least in the United States, almost never brings attention when the fossil fuel industry and other opponents of climate policy make factual economic or scientific uncertainty arguments against climate policies to the strong ethical arguments that can be made in response to these claims.

The facts relied upon by Greta Thunberg and those above could help citizens understand the moral indefensibility of governments’ inadequate responses to climate change. Armed with such facts and learning from Greta Thunberg’s excellent rhetorical techniques could make climate change activists more effective in getting governments to make the extraordinary urgent hard-to-imagine reductions in GHG emissions needed to prevent climate catastrophe.

Sociologists also claim that the most successful social movements are energized by a strong sense of unfairness or injustice of the status quo. For this reason, although appeals to the self-interest of citizens based upon identifying the harms from climate change that they will experience should continue, such an appeal to self-interest alone does not justify ignoring the strong moral problems with the arguments of those who oppose climate change policies. In fact, only responding to the factual scientific and economic arguments of climate change policy opponents by making counter “factual” economic and scientific claims has the ironic effect of justifying the notion that these instrumental reasons for opposing climate change policies are ethically legitimate. In addition, as we have explained in the recent website entry UNESCO Examines the Urgency of and Strategy for Getting Traction for Ethical Guidance in Climate Change Policy Formation at Bangkok Program.there is no hope of averting catastrophic climate impacts unless governments comply with their ethical obligations under the UNFCCC. Moreover. not raising ethical problems with the arguments of those opposing climate change policies is a practical mistake because most arguments made by opponents of climate policies fail to survive minimum ethical scrutiny. They usually violate non-controversial, widely agreed-upon ethical principles such as human rights obligations, the “no-harm” principle of customary international law, or the “precautionary principle” expressly agreed to by all nations in the 1992 UNFCCC among many other ethical principles.

For these reasons, Greta Thunberg’s UN speech should be honored and used as an inspiration by climate activists around the world while encouraging the media to cover the ethical issues raised by climate change formation controversies.

By:

Donald A. Brown

Scholar in Residence, Sustainability Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com

 

 

 

 

 

What Americans Urgently Need to Understand About Climate Change In Light of an Alarming New Report Published By US Academy of Sciences

 

On July 31, 2018, a paper was published in the Proceedings of the National Academy of Sciences which should create a shiver of fear in all humans everywhere. The paper, Trajectories in the Earth System in the Anthropocene by Steffen et..al., explains how human-induced warming is rapidly approaching levels that may trigger positive climate feedbacks which could greatly accelerate the warming already plaguing the world by causing record floods, deadly heat waves and droughts, increasing tropical diseases, forest fires, more intense and damaging storms, sea level rise, coral bleaching, acidification of oceans, all of which are contributing to increasing the number of refugees which are destabilizing governments around the world.

The Steffen et. al. paper also describes how the positive feedbacks depicted in the following graphic, once triggered could initiate other feedbacks creating a cascade of positive feedbacks, each of which could speed up the warming which is already causing great harm and suffering around the world. The paper claims this mechanism could make life on much of the Earth uninhabitable which could lead to social collapse on the global scale and ultimately to warming increases that human reductions of greenhouse gases (ghg) emissions alone would not prevent until the global system reached a new temperature equilibrium at much higher temperatures than the human race has ever experienced. In other words, cascading positive feedbacks in the climate system could result in humans losing control over reducing disastrous warming.

Image result for global map of tipping cascades

Steffen et. al,, supra pg. 4.

If this is not scary enough, the Steffen et. al. paper concluded some of these feedbacks could be triggered between 1 degree C to 3 degrees C, suggesting that the “risk of tipping cascades could be significant at a 2 degree C rise (Steffen at al p.7), the upper warming limit goal of the Paris Agreement which President Trump has announced the United States will withdraw from.

Given that even if temperature increases already baked into the system don’t trigger positive feedbacks until global temperatures rise by 2 degrees C and given the enormous challenge facing the world to achieve the 2 degrees C warming limit goal agreed to by the international community in Paris in 2015 requires the international community to achieve net zero CO2 emissions by 2070 (UNEP, Emissions Gap, 2016), the international community needs to immediately join forces to achieve extraordinarily ambitious international cooperation almost immediately to achieve the 2 degree C warming limit goal. However, given that the 2 degree C warming limit goal agreed to in Paris was selected because it was believed that if warming increases could be limited to 2 degrees C, triggering dangerous climate system positive feedbacks was unlikely, the conclusions of the Steffen et al paper that positive feedbacks could be triggered below 2 degrees C additional warming must be interpreted as a justification for a call for an unprecedented urgent global cooperative effort to reduce carbon emissions and increase carbon sinks as rapidly as humanly possible.

Given that human-induced climate change is now widely understood to be an existential threat to life on Earth unless all nations rapidly reduce their greenhouse gas (GHG) to net zero as fast as possible, Americans urgently need to understand certain features of the problem which have been infrequently mentioned in the US national climate change conversation including the following: 

  • There is growing evidence that even if global ghg emissions could be reduced to near zero rapidly, there is enough carbon already in the atmosphere that limiting warming to the then 2 degrees C warming limit goal by the end of this Century has only a 5% chance (Mooney, 2017).
  • Every day that nations fail to reduce their GHG emissions to levels required of them to achieve a warming limit goal such as 2 degrees C makes the problem worse because budgets available for the whole world that must constrain global emissions to achieve any warming limit goal shrink as emissions continue. Therefore, the speed that nations reduce their GHG emissions reductions is as important as the magnitude of reductions identified by any national GHG reduction commitment. For this reason, any national commitment on climate change should not only identify the amount of ghg emissions that will be reduced by a certain date, but the reduction pathway by which these reductions will be achieved,
  • For reasons stated in the Seffen et.al. paper, climate change is an existential threat to life on Earth that requires the international community to rapidly take extraordinarily aggressive coordinated steps not only sufficient to prevent global temperatures from rising no than more than 2 degrees C, the upper warming limit agreed to by the international community in the 2015 Paris Agreement, but to minimize any additional warming as quickly as possible,
  • Under the United Nations Framework Convention on Climate Change (UNFCCC) which the US ratified in 1992, the US has a legal duty under the concept of “equity” to reduce its GHG emissions more rapidly than most other nations, and although there is reasonable disagreement among nations about what “equity” requires of them, any reasonable interpretation of equity would require the US to make much larger and more rapid GHG reductions than almost all other nations given that the United States emitted 5,011,687 metric kilo tons (kt) of CO2 equivalent emissions in 2016, second only to China’s 10,432,741 kt CO2. (Netherlands Environmental Agency). The US also has an equitable duty to more aggressively reduce its emissions than most other countries because it has emitted a greater amount of cumulative CO2 emissions, that is 29.3% of global CO2 emissions between 1850 and 2002, while China emitted 7.6% during the same period, (WRI, Cumulative Emissions) making the US much more responsible for raising atmospheric concentrations of CO2 to the current level of 406 ppm than any country.  Also given the US is responsible for 15.56 metric tons per capita CO2 emissions which is more than twice as much as China’s 7.45 metric tons per capita in 2016 (World Bank), as a matter of equity the US must reduce its GHG emissions much more rapidly and steeply than almost all countries,
  • The US duty to formulate its ghg emissions reduction target on the basis of equity is not only required by its legal obligations under the UNFCCC, practically the US and other high emitting nations must reduce their GHG emissions by much greater amounts and faster than poor developing nations because if they don’t the poorer nations will have to reduce their GHG emissions almost immediately to near zero CO2 so that global emissions don’t exceed the carbon budget available to prevent a warming limit such as 2 degrees C from being exceeded,
  • Any US policy response to climate change such as a carbon tax must be structured to reduce US ghg emissions to levels and speeds required of the US to achieve its responsibilities to the rest of the world to prevent dangerous climate change. Thus, if the US were to pass a carbon tax, the imposition of a tax must either reduce US GHG emissions to the level and the speed required of it by its obligations or be supplemented by other policy responses such as, for instance, mandatory conversions of electric power generation from fossil fuel combustion to renewable energy by a date certain or mandatory requirements for electric vehicles,
  • Because GHG emissions from every country mix rapidly in the atmosphere, all nations emissions are contributing to rising atmospheric GHG concentrations thus harming people and ecological systems on which life depends all over the world. Thus, the US may not formulate its climate change policies only on the basis of costs and benefits to itself alone, it must acknowledge and respond to the devastating climate change harms the United States is already contributing to that are being experienced around the world and particularly by poor people and nations that are most vulnerable to climate change impacts. For this reason, the Trump administration’s justification for withdrawing from the Paris Agreement on the basis of “putting US interests first” is deeply morally indefensible and tragic because of the damage it will likely cause to the world,
  • Because of the rapid speed required of the US to reduce its ghg emissions to net zero carbon emissions, the US urgently needs to put ghg emissions reductions on the equivalent of a wartime footing by not only adopting policy responses that can achieve ghg emission reduction goals required of it, but also by investing in research and development in new technologies that can facilitate and achieve the its ghg emission reduction obligations and increase carbon sinks that could reduce the rise in atmospheric ghg concentrations,
  • The United States needs to develop a strategy to achieve these objectives in the next two years and begin implementing the strategy immediately as quickly as possible.

By:

Donald A. Brown

Scholar in Residence and Professor

Widener University Commonwealth Law School

dabrown57@gmail.com

 

 

 

Why “Shaming” Is An Important Tool That Could Lead to Climate Change Action In Paris And Beyond

ashamedI. Introduction

This website has been dedicated to helping citizens spot, understand, and make arguments about ethical and moral issues that arise in public discussion of climate change policies. A major objective of this effort has been to help proponents of climate change programs to respond to many arguments made by opponents of government action on climate that fail to pass reasonable ethical scrutiny. Armed with these ethical arguments, we have expected that proponents of stronger climate change policies would seek to hold accountable those governments, politicians, and opponents of climate change programs who have taken morally indefensible positions on climate change issues. That is we expected that strong moral arguments would be used either to convince governments or climate policy opponents of the moral unacceptability of their positions, or be used to pressure governments or individuals that continued to hold morally and ethically indefensible positions through the use of public shaming.

In doing this work for over a decade, we have frequently encountered proponents of climate change policies who eschew tactics that seek to publicly shame opponents of climate change policies or governments even in cases where their positions are obviously ethically and morally indefensible. Instead of making ethical and moral arguments in response to the arguments of climate change policies opponents, climate change policy advocates have often focused on refuting the factual claims of the opponents’ arguments such as climate change policies will destroy the economy or are not warranted due to scientific uncertainty.  .

This article will (1) examine arguments that have sometimes been made against using shaming as a strategic tool to change the behavior of those who resist taking responsible action on climate change, and (2) identify features of an effective use of shaming that might lead to more responsible action on climate change,

II. Objections to the Use of Shaming Techniques to Enhance Climate Change Responses.

Some proponents of climate change policies have explained their aversion to moral arguments made in response to the positions of opponents of climate policies on the basis that moral judgements are subjective and thus there is often no clear way of resolving disagreements about what justice and ethics  requires. It is true that  not all ethical issues raised by climate change lead to a consensus among ethicists as to what ethics and morality requires. For instance, reasonable people can disagree on what principles of distributive justice should guide fair allocations of national ghg emissions reduction targets. Yet, as we have explained on this website many times, many of the most frequent arguments made by opponents of climate change policies violate widely accepted ethical principles including: (a) the Golden Rule that holds that people have a duty to treat others with respect, (b) widely accepted human rights principles, (c) non-controversial precepts of procedural justice such as people should not put other people at great risk of harm without obtaining permission from those most vulnerable to harm, and (d) widely accepted principles of international law such as the “polluter pays” principle, the “no harm principle” and the “precautionary principle,” the last two of which were  expressly agreed to by all nations when they agreed in 1992 to the United Nations Framework Convention on Climate Change (UNFCCC).

Given that the most frequent arguments made against climate change programs clearly fail to pass minimum ethical scrutiny, unwillingness to publicly hold opponents of climate change policies for their morally indefensible positions is a huge mistake.particularly in regard to the most frequent arguments that have been made in opposition to climate change policies.   In the United States, opponents of climate change policies have most frequently argued that the United States should not adopt climate change policies because:

First, climate change programs will impose unacceptable costs on the economy or destroy jobs, or other economic reasons to oppose action on climate change.

Second, climate change emissions reductions programs are not warranted due to scientific uncertainty about whether humans are causing climate change and what the impacts will be.

Third, for a government such as the United States to act would be unfair or ineffective until other countries including China and India take similar action.

Citizens and environmental groups have unknowingly been tricked into responding to these arguments by making factual responses to these claims, such as climate change policies will increase jobs, despite the fact that each of these arguments contain hidden normative assumptions which clearly flunk minimum ethical scrutiny.

For example, as we have seen, opponents of climate change policies have frequently based their opposition on the claim that action on climate change will destroy jobs or the the national economy.

The response of NGOs and citizens to this argument has largely been to assert that climate change programs will create jobs and boost the economy. Yet this response unknowingly implicitly supports the very troublesome hidden normative assumption of the climate policy opponents’ argument, namely that the government should not adopt climate policies if the policies will hurt the government’s economic interests despite the fact that this argument is obviously wrong when viewed through an ethical lens because polluters not only have economic interests, they have moral responsibilities to not harm others.  This conclusion is supported by: (a) the universally accepted  Golden Rule which holds that someone should not be able to kill others because it would be costly to the killer to stop the killing behavior because people have duties to treat others as they wished to be treated, and (b) numerous widely accepted provisions of international law such as, among others, the “no harm” principle, the “polluter pays” principle Thus, the failure to respond to the arguments of the opponents of climate change policies  on moral grounds is an astonishing oversight in light of the fact that the moral objection is very strong to anyone who claims that they can seriously harm others if their economic interests are threatened if they are required to limit their harmful activities. History is replete with examples of justifications made by some on economic grounds for their morally unacceptable behavior about which moral reasoning eventually prevailed. For instance. proponents of slavery often defended slavery on economic grounds, a position that was eventually widely rejected on moral grounds.

Such a claim that nations may continue to engage in behavior that harms others as long as their economic interests will be affected by ceasing the behavior violates the most non-controversial ethical rules, not only the Golden Rule, but also many well accepted provisions of international law based on the Golden Rule such as a rule called the “no harm principle” which holds that all nations have a legal duty to prevent their citizens from harming people outside their jurisdiction.

If citizens who support climate policies ignore the ethical problems with the arguments made by opponents of climate policies on the grounds that climate policies will impose costs on those who are harming others, they are playing into the hands of those responsible for putting the planet and millions of poor people at risk from climate change.

There are also deeply problematic ethical assumptions that have remained largely unchallenged when the opponents of climate change policies argue the United States or other governments  should not adopt climate change policies due to scientific uncertainty (See, The Ethical Duty to Reduce Greenhouse Gas Emissions in the Face of Scientific Uncertainty) and unfairness or ineffectiveness of US ghg reductions if the United States acts and China and India don’t act.(See May Any Nation Such as the United States or China Make Its Willingness to Reduce Its GHG Emissions Contingent On What Other Nations Do?)

And so, for 30 years, the opponents of climate change policies have succeeded in framing the climate debate in a way that has largely ignored obvious ethical and moral problems with their unwillingness to reduce the threat of climate change. A recent research project of Widener University Commonwealth Law School and the University of Auckland has revealed that surprisingly both environmental organizations and the press in many countries have failed to bring attention to the obvious moral problems with the arguments made by opponents of action on climate change.

Although there are ethical issues raised by climate change about which ethicists may disagree on what ethics requires, there are many ethical issues that policy-making on climate change must confront about which very strong, non-controversial ethical condemnation can be made of many of  the positions on these issues that opponents of climate change continue to make. These issues include, for  instance:

  • Can a nation justify its unwillingness to adopt climate change policies primarily on the basis of national economic interest alone?
  • When is scientific uncertainty an ethically acceptable excuse for non-action for a potentially catastrophic problem like climate change given that waiting until the uncertainties are resolved makes the problem worse and more difficult to solve?
  • Should proponents or opponents of climate change policies have the burden of proof to scientifically demonstrate that climate change is or is not a threat before climate change policies are in enacted?
  • What level of proof, such as, for instance, 95% confidence levels or the balance of the evidence, is needed to demonstrate climate change is a threat that warrants policy responses?
  • What amount of climate change harm is it ethically acceptable for a nation to impose on those nations or people outside their jurisdiction who will be harmed without their consent?
  • To what extent does a nation’s financial ability to reduce ghg emissions create an ethical obligation to do so?
  • What are the rights of potential victims of climate change to consent to a nation’s decision to delay national action on climate change pm the basis of national cost or scientific uncertainty?
  • Who gets to decide what amount of global warming is acceptable?
  • Do high emitting nations and individuals have a moral responsibility to pay for losses and damages caused climate change to people or nations who have done little to cause climate change?
  • How should national ghg targets consider the per capita or historical emissions of the nation in establishing national climate commitments?
  • Do poor, low-emitting nations have any moral responsibility to do something about climate change and what is it?
  • When should a nation be bound by provisions of international law relevant to climate change that they agreed to including provisions in the United Nations Framework Convention on Climate Change such as the “no-harm,” and “precautionary principle” and the duty of developed nations to take the lead on climate change?

Although there are legitimate differences of opinion on some of these issues among ethicists as to what justice requires, very strong, non-controversial ethical criticisms can be made of  many of the positions held by many opponents of climate change on these issues, matters which have been frequently written about on this website. As Amaryta Sen and others have pointed out, one need not know what perfect justice requires to spot injustice.(Sen, 2009) For this reason, it is usually possible to strongly condemn many of the positions on these issues held by opponents of climate change policies even if there is reasonable disagreement on what justice requires.  Thus, it is not necessary to get agreement on what perfect justice requires before strongly condemning some positions on climate change issues on moral and ethical grounds. It is not necessary to know what justice requires to condemn injustice.

Another objection to relying on moral arguments to shame opponents of climate change sometimes heard, is that shaming will not change government or human behavior.  Many times I have heard people say moral arguments don’t work, people only respond to self-interest.  Yet naming nations who violates basic human rights and holding them up to ridicule, that is “naming and shaming”, has proven to be in many cases an effective tool to enlarge human rights protections around the world.  Jennifer Jacquet, in a recent book Is Shaming Necessary? New Uses for an Old Tool, explains that shaming has proven to be an effective tool to change ethically unsupportable behavior of governments and institutions provided a shaming strategy is created that is mindful of lessons learned from successful “naming and shaming” programs. (Jacket, 2015) In addition, moral arguments have been key to creating social movements that have transformed society in cases such as slavery, child labor, women’s rights, children’s rights, human treatment of animals, etc. Yet shaming strategies should learn from what has worked in the past.

III. Designing An Effective Shaming Tool To Change Government Behavior On Climate Change

As the international community heads to COP-21 in Paris next week, given that moral shaming always has the potential of achieving a change in government or individual behavior of those who justify their actions on ethically indefensible grounds and given that the global community is rapidly running out of time to prevent dangerous climate change due in large part to the success of opponents of climate change programs to frame the public climate debate in a way that avoids moral criticism, a strategy of publicly shaming nations. politicians, and opponents of needed climate change policies who refuse to be guided by their ethical responsibilities is needed now more than ever to get urgently needed action to reduce the immense threat of climate change.

An effective shaming strategy should focus not on all issues where there is disagreement among parties but only on those positions which clearly flunk minimum ethical scrutiny. For instance, in the climate change debate because  there is significant disagreement among countries about what equity framework should control how ghg emissions should be allocated among nations, a shaming strategy would not likely lead to a resolution of these contentious issues. Some negotiations about reasonable equity frameworks is likely necessary to arrive at a global position on what equity requires. However, as we have seen, a country that claims it can set its national ghg emissions reductions commitments on the basis of national economic interest alone can be subjected to strong ethical condemnation .Therefor, even on an issue such as what does equity require about which reasonable disagreement exists, the disagreement does not support the conclusion that anyone’s claim about what equity requires is entitled to respect. In fact, many nations and individuals have taken position on what equity requires that can be strongly condemned on non-controversial ethical grounds even though reasonable disagreement exits on what equity requires. For this reason, progress can be made even on the issue of what does ‘equity’ require by holding positions on this issue that fail to pass minimum ethical scrutiny to public scrutiny.

Given that many nations continue to take positions  on many issues that cannot be justified on any ethically acceptable reasons, there is a huge potential to pressure governments on ethical grounds in Paris and in subsequent negotiations provided that the governments or government officials are required to respond in a publicly transparent way to the ethical issues that must be faced in climate change policy formation.

A recent article in Climate Progress by Jeremy Deaton explains how shaming can lead to action on climate change in Paris and  the years ahead. Deaton says:

December’s international climate summit might not result in a legally binding agreement, but it will almost certainly include mechanisms for countries to review each other’s progress. So, while the process could lack formal sanctions, it may allow for informal sanctions. Writing in Grist, Jacquet argues, “Governments must be convinced that if they fail to keep their pledges they will suffer negative reputational consequences that will damage their relations with other countries and may lead to domestic political damage as well.”

The potential success of a shaming strategy in Paris and beyond will be greatly enhanced if nations are required to respond on the record to questions asked by other governments and NGOs about how they responded to important ethical issues that must be faced in formulating their climate change policies.  Such a mechanism under the UNFCCC has been under active discussion since the Lima COP in 2014.  And so for a shaming strategy to be most effective, the UNFCCC negotiation outcome needs to establish a mechanism that forces nations to be transparent about the actual basis for their national climate commitments in regard to the ethical issues that must be faced in policy formation.

And so to strengthen the power of a shaming strategy to bring needed change, the Paris negotiations should seek to create a process that will force nations to explain on the record how they have responded to moral issues raised by climate change policy formation.  The Widener/Auckland research project mentioned above has concluded that nations will claim they have taken equity and justice into account without explaining quantitatively how they based their national commitments on specific equity frameworks or how a quantitative ghg emissions reduction leads to a safe atmospheric ghg concentration level that will limit warming to tolerable levels. Furthermore, this research reveals that the actual basis for many national climate commitments, known as INDCs (Intended Nationally Determined Contributions under the UNFCCC) was economic interests not global responsibilities yet nations have not revealed how economic considerations have affected their national commitments. For this reason an effective shaming strategy requires that the international community must create an obligation that governments respond to questions from governments and NGOs on the record relating to important ethical issues. Many human rights regimes have established  these procedures.

Because the Widener/Auckland research project identified above has concluded that nations will often disguise the actual basis for their national climate commitments, nations should be required to submit information with their INDCs that will allow citizens to better understand how their national INDC has responded to important ethical issues that must be faced in climate change policy formation.. For this reason, as we have explained on this website before, nations should:(a) report their ghg emissions reduction commitments in tons of CO2e rather than a percent reduction commitment from a baseline year, (b) the temperature limit and associated carbon budget that the INDC is seeking to achieve, (c)  the equity principles that the nation relied on to assure the justice of its INDC, and (d) For Annex 1 countries, ghg emissions in 1990, the common baseline year. This information will allow clear evaluation of how nations have responded to ethical duties to reduce their ghg emissions to their fair share of safe global emissions.

Thus the Paris COP should seriously consider how to create an institutional mechanism and information base to allow citizens and governments to  evaluate how nations have responded to their ethical obligations.on climate change

As Daeton said in the above article:

With shame, we are witnessing a very old tool being put to use on a relatively new problem. Humans have relied on shame since their evolutionary infancy to enforce social norms, and now it’s being used to urge action on climate change. How can we motivate the changes we need to curb global warming? As Jacquet points out, morality can evolve. It’s up to humans to render carbon pollution a moral ill and climate action a moral good. Shame may prove essential to that process.

Creating a process under climate regime to shame nations on their moral failures will not be the first time that the international community has relied heavily on shaming to achieve widespread social shame. As we have noted, the spread of human rights regimes has, for instance, relied heavily on “naming and shaming” countries who fail to protect human rights. The success of efforts to increase enjoyment of human rights protection around the world is widely attributed to the ability of nations and human rights NGOs to question nations on their human rights record and the creation of a legal duty of nations to respond in writing  to these questions. The climate change regime should follow the example  of international human rights law on these issues.

A similar strategy should be followed to pressure government officials and politicians who hold ethically unsupportable positions on climate change such as they wont support government action on climate change because the policies will impose costs on their government’s economy, a position as we have seen which ignores the clear responsibility of governments to not harm others outside the jurisdiction of the government. To create effective shaming tactics to pressure individual government officials or politicians running for office, NGOs should ask officials and politicians to respond on the record to questions that will expose the actual justifications for the official’s or politician’s position on climate change issues. For instance, when a government official or politician says he or she will not support action on climate change because it will harm the relevant government’s economy or destroy jobs, the official or politician should be asked if he or she denies that governments  not only have economic interests but also ethical duties to not harm others. This website has identified many specific questions that should be asked of government officials and politicians to expose the ethical problems with their positions in several articles. See, for instance,

a. If Pope Francis is Right that Climate Change is a Moral Issue, How Should NGOs and Citizens Respond to Arguments Against Climate Policies Based on Scientific Uncertainty?

b. If Pope Francis is Right that Climate Change is a Moral Issue, How Should NGOs and Citizens Respond to Arguments Against Climate Policies Based on Unacceptable National Costs

c If Pope Francis is Right that Climate Change is a Moral Issue, How Should NGOs and Citizens Respond to Arguments Against Climate Policies Based on the Failure of Other Countries Like China to Act?

 

The upcoming Paris negotiations may make progress on creating a transparent process that will allow other governments and citizens to shame governments who base their responses to climate change on ethically unsupportable grounds.

This website will report regularly on what happens in Paris to make a shaming strategy more effective in reducing the threat of climate change.

References:

Jacquet, J., 2015,  Is Shaming Necessary, New Uses for an Old Tool, Pantheon Books, , New York

Sen, A., 2009, The Idea of Justice, Belknap Press of Harvard University Press, Cambridge, Massachusetts .

By

Donald A. Brown

Scholar in Residence and Professor

widener

dabrown57@gmail.com

climate change ethics navigating

The Seeds of the Corporate Funded Climate Disinformation Campaign, the 1971 Lewis Powell Memo

Lewis-Powell

Although numerous articles on this website have acknowledged that responsible scientific skepticism is a positive force in the advancement of science, as we have explained in numerous articles under the category of  “disinformation campaign” there has been a well-funded climate change disinformation campaign that since the 1980s has been engaged in the following ethically dubious tactics including:

  • Lying or reckless disregard for the truth about climate science,
  • Cherry picking the science by focusing on unkowns while ignoring what is well-settled in climate science,
  • Cyber-bullying and ad hominem attacks on scientists and journalists,
  • Manufacturing bogus, non-peer-reviewed climate science through the creation of  ideologically motivated conferences and publications,
  • The use of ideological think tanks to promote the views of climate change deniers through their media outreach, speakers bureaus, publications, and conferences,
  • The use of front-groups and fake grass-roots organizations, known as Astroturf groups, to promote the views of climate change deniers that hide the real parties in interests,
  • Making specious claims about “bad science” that are based upon the dubious assumption that no conclusions in science can be made until everything is proven with high levels of certainty.

This website contains numerous articles on the many ethical problems with the corporate and free-market fundamentalist foundation funded climate change disinformation campaign that was in full bloom by the  mid-1980s. These articles examine the tactics of the disinformation campaign through an ethical lens that distinguishes it from responsible scientific skepticism.  See, for instance:

The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part  One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort?

Ethical Analysis of the Climate Change Disinformation Campaign:  Introduction to A Series. Ethical Analysis of Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups..

Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign

The climate change disinformation campaign that arose in the 1980s was part of what sociologists call a countermovement, that is a movement that arises when elements of society are threatened by social movements that are perceived to potentially adversely affect their interests.

An environmental countermovement arose in the United States in response to the rise of the modern environmental movement which was born in the late 1960s in response to among other things, the publications in 1962 of Rachel Carson’s Silent Spring and a growing number of highly visible pollution events including the Santa Barbara oil spill and the fire in the Cuyahoga River in 1969.  After Silent Spring, many more citizens understood that toxic substances were widely distributed throughout the world at levels that could harm human and animal health.

The beginning of the modern environmental movement in the United States has often been pegged by environmental historians to Earth Day on April 22, 1970. On the first Earth Day in New York City tens of thousands of people concerned about environmental issues marched and paraded in lower Manhattan and many thousands attended speeches in Union Square Park. New York City was only one of hundreds of locations throughout the United States where Earth Day events took place on April 22, 1970.

The rapid rise of the modern environmental movement that was undeniable by April 1970 was perceived to be a threat to many members of the US business community, As a result, soon after the first Earth Day in 1970, the environmental countermovement began to organize. Sociologist Robert Brulle summarizes the rise of countermovements as follows:

Counter-movements originate as the change movement starts to show signs of success by influencing public policy, and threatening established interests. The elites of these interests then respond to these threats by fostering countermovements to protect their interests by opposing or challenging social movements. ….The countermovement organizations that emerge take the form of elite driven efforts to mobilize economically impacted populations, or populations that share similar interests of ideologies. [Brulle]

Many sociologists and environmental historians also attribute the speed of the rise of the environmental countermovement to a 1971 memo of Lewis Powell to the US Chamber of Commerce that was based on the claim that the American free enterprise system was under attack from the social movements that arose in the 1960s including the environmental movement.

Powell was a corporate lawyer, a former president of the American Bar Association, and a board member of eleven corporations, including Philip Morris and the Ethyl Corporation, a company that made the lead for leaded gasoline. Powell had also represented the Tobacco Institute, the research arm of the tobacco industry, and various tobacco companies. Within two months after his 1971 memo, President Richard Nixon nominated Powell to sit on the U.S. Supreme Court, where he served for fifteen years.

The Powell memo criticizes corporations for their lack of vigor in responding to the challenges to free enterprise that were growing in the beginning of the 1970s and calls for a much more aggressive response from the business community that it claims is needed to protect fee enterprise from criticism from college campuses, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians. (Powell Memo)

The memo specifically recommended that businesses:

  •  Designate a member of senior management who has responsibility to fight attacks on the free enterprise system,
  • Expand the role of business organizations to fight the threats of the free market including the US Chamber of Commerce which has the time, finances, and organizational capacity to powerfully unify the response of the business community,
  • To counter criticism of the business community from college campuses, business organizations such as the Chamber of Commerce should support scholars who will defend the free enterprise system, develop speakers and support speakers’ bureaus that will counter the liberal rhetoric coming from college campuses, subject textbooks to ideological review, insist on equal time for speakers exposing the views of the business community for speakers on campuses, insist that college faculties be balanced by those who will defend the free enterprise system, request that graduate schools of business include courses that support the free enterprise system, encourage local chambers of commerce to provide the views of the business community in high schools, establish staff who work with the media to communicate to the general public the views of the business community, monitor and criticize television programs that unfairly criticize the free enterprise system and where appropriate file complaints with the Federal Communications Commission, monitor radio and other media and pressure them to cover the views of defenders of the free enterprise system, support scholars who support the free enterprise system to publish in scholarly journals, establish incentives for scholars to publish defenses of free enterprise in books, papers, and pamphlets, spend more money on advertising that expressly supports the free market system.
  • Much more aggressively support politicians who support the interests of the business community.
  • Become much more involved in the judicial system to support the interests of the business community by, among other things, filing litigation and amicus curiae briefs in important cases.
  • Harness the power of corporate shareholders to advance the interests of the business community.
  • Dramatically increase finances in support of opposition to those threatening  unfettered markets including increasing the staff of organizations like the Chamber of Commerce to engage in this work.
  • Much more aggressively defend the free enterprise system by among other tactics linking personal freedom to free enterprise.

Shortly after the Powell memo was sent to the Chamber of Commerce in 1971, much more aggressive tactics in defending the free enterprise system by the business community became evident including the following:

  • The organizational counterattack of business in the 1970s was swift and sweeping — a domestic version of Shock and Awe. The number of corporations with public affairs offices in Washington grew from 100 in 1968 to over 500 in 1978. In 1971, only 175 firms had registered lobbyists in Washington, but by 1982, nearly 2,500 did. The number of corporate PACs increased from under 300 in 1976 to over 1,200 by the middle of 1980.(Bill Moyers, The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012)
  • In 1972, three business organizations merged to form the Business Roundtable, the first business association whose membership was restricted to top corporate CEOs.The Business Roundtable quickly developed into a formidable group, designed to mobilize high-level CEOs as a collective force to lobby for the advancement of shared interests. Within five years the new mega-organization had enlisted 113 of the top Fortune 200 companies, accounting for nearly half of the economy. (Bill Moyers, The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012) .
  • Business also massively increased its political giving — at precisely the time when the cost of campaigns began to skyrocket (in part because of the ascendance of television). The insatiable need for cash gave politicians good reason to be attentive to those with deep pockets. Business had by far the deepest pockets, and was happy to make contributions to members of both parties.(Bill Moyers, The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012)
  • From the late 1970s to the late 1980s, corporate PACs increased their expenditures in congressional races nearly fivefold. (Bill Moyers The Powell Memo: A Call-to-Arms for Corporations, September 14, 2012)
  • Powell’s legal recommendations inspired “a multi-faceted, comprehensive, and integrated campaign” coordinated and funded by large corporations and rightwing foundations “to create taxpayer subsidized law firms… to rewrite American jurisprudence… advanc[e] their agenda before judges, lawyers, legal scholars, and government policy makers… [and] sought to assure control over the future direction of the law” by installing ideologically friendly faculty in law schools, as well as organizing and rewarding students with scholarships and clerkships under conservative judges, and placing those judges on the bench. (Jerry M. Landay, The Attack Memo that Changed the World)
  • The California Chamber of Commerce picked up on the Powell Memo and proposed what became in 1973 the Pacific Legal Foundation, the first of eight regional litigation centers. The Olin, Scaife, Bradley, Smith Richardson, and Coors’ Castle Rock foundations, and others, continue to underwrite these operations. , (Jerry M. Landay, The Attack Memo that Changed the World)
  • Huge corporations, including Powell’s Philip Morris, invested millions of dollars in the Chamber of Commerce’s National Chamber Litigation Center and other legal foundations to bring litigation demanding new corporate rights. In rapid succession, corporations and supporters funded the Pacific Legal Foundation, the Mid-Atlantic Legal Foundation, the Mid-America Legal Foundation, the Great Plains Legal Foundation (Landmark Legal Foundation), the Washington Legal Foundation, the Northeastern Legal Foundation, the New England Legal Foundation, the Southeastern Legal Foundation, the Capital Legal Center, the National Legal Center for the Public Interest, and many others.(Clements)
  • The number of companies with Washington lobbying offices grew from 175 in 1971 to 2,445 a decade later. Along with 2,000 different trade associations, businesses have a combined Washington staff of 50,000, plus 9,000 lobbyists and 8,000 public relations specialists.  (Smith. Who Stole the American Dream)
  • Since 1972 and continuing to the present, conservative foundations also heavily underwrite scores of institutes and policy centers that operate along the general lines proposed in the Powell memo. These agitprop operations are modeled on the Heritage Foundation, and include the Manhattan Institute, the Cato Institute, and Citizens for a Sound Economy, the National Association of Scholars and Accuracy in Academe, Brent Bozell’s Media Research Center, and Reed Irvine’s Accuracy in Media. (Jerry M. Landay, The Attack Memo that Changed the World)
  • Business expanded its acquisition of media to help it control the message and viewpoint. Today six corporations control 97% of all media in the US. By insisting on the mandate of “balance” any unwanted fact or statement can be countered and diminished by claiming a need for equal time. These will generally be provided by the dozens of conservative think tanks and speakers. Television, radio and magazines are closely scrutinized for where and when to counter or insert business friendly news, information or preference. Most media today expends vast amounts of coverage on business and financial news. (Ron Sandahl)
  • Powell’s court opinion in First National Bank of Boston v. Bellotti shifted the direction of First Amendment law by declaring that corporate financial influence of elections should be protected as individual political speech. This directly set up Citizens United to become law. (Ron Sandahl).
  •  Huge corporations, including Powell’s Philip Morris, invested millions of dollars in the Chamber of Commerce’s National Chamber Litigation Center and other legal foundations to bring litigation demanding new corporate rights. By 1978, the millions of dollars invested in the radical corporate rights campaign began to pay off. The first major victory for the corporate rights advocates came in 1978, with a corporate attack on a Massachusetts law in First National Bank of Boston v. Bellotti. Several international corporations — including Gillette, the Bank of Boston, and Digital Equipment Corporation — filed a lawsuit after the people of Massachusetts banned corporate political spending intended to influence a citizen referendum. Justice Lewis Powell cast the deciding vote and wrote the 5–4 decision wiping off the books the people’s law intended to keep corporate money out of citizen ballot questions. For the first time in American history, corporations had successfully claimed “speech” rights to attack laws regulating corporate money in our elections. (Clements)
  • With that success, an emboldened corporate rights campaign next attacked energy and environmental laws. In the 1982 case of Central Hudson Gas & Electric Corporation v.Public Service Corporation of New York, utility corporations and the array of corporate legal foundations all argued that a New York law prohibiting utility corporations from promoting energy consumption violated the corporations’ rights of free speech. The corporations won again, and again Justice Powell wrote the decision for the activist Supreme Court that he had imagined in his 1971 Chamber of Commerce memo. Over a period of six years, Justice Powell wrote four key corporate rights( decisions for the Supreme Court. (Clements)
  • Although many new voices have emerged in the 40 years since it circulated Powell’s memo, the U.S. Chamber has expanded its leadership position within the corporate power movement, leading dozens of judicial, legislative and regulatory fights each year. Measured in terms of money spent, the Chamber is by far the most powerful lobby in Washington, DC, spending $770.6 million since 1998, over three times the amount spent by General Electric, the second-largest spender. At the same time, the Chamber has reinforced its lobbying power by becoming one of the largest conduits of election-related “independent expenditures,” spending over $32.8 million on Federal elections in 2010. The Chamber sponsors the Institute for Legal Reform, which has spearheaded the campaign for tort “reform,” making it more difficult for average people who have been injured, assaulted, or harmed to sue the responsible corporations. Along with well over a dozen legal foundations, the Chamber has also helped shape the powerful “business civil liberties” movement that has been a driving force behind the Citizens United decision and other judicial actions that have handcuffed regulators and prevented Congress from putting common-sense checks on corporate power. (Cray)

It is clear from the above that the climate change disinformation campaign is only one element in an organized effort of corporations and free market fundamentalists foundations to limit the power of citizen movements to protect human health and the environment when these movements threaten corporate profits or unregulated markets.

References:

Brulle, R., 2000, Agency, Democracy, and Nature, MIT Press, p. 619

By;

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail,com

Urgent Call to Climate Journalists Around The World: Research Concludes You Are Tragically Failing to Cover Climate Change Issues Through An Ethical and Justice Lens

Slide1

Research conducted by Widener University Commonwealth Law School and the University of Auckland concludes that national debates about climate change policies and the press coverage of these issues are for the most part ignoring the obvious ethical and moral problems both with how nations are justifying climate change commitments and the arguments of climate change policy opponents at the national level. (See Nationalclimatejustice.org under “lessons learned.”) This is so despite the fact that:

(a)  It is impossible for a nation to think clearly about climate policy until the nation takes a position on two ethical issues: (1) what warming limit the nation is seeking to achieve through its policy, and (d) what is the nation’s fair share of safe global emissions. These are ethical issues that can’t be decided through economic or scientific analysis alone.

(b) Climate change policy making raises numerous ethical issues that arise in policy formulation. (See below)

(c) Ethical arguments made in response to the arguments of climate change policy arguments are often the strongest arguments that can be made in response to the claims of climate  policy opponents because most arguments made by opponents of climate policies fail  to pass minimum ethical scrutiny.

(d) Climate change more than any other environmental problem has features that scream for attention to see it fundamentally as a moral, ethical, and justice issue. These features include: (a) It is a problem overwhelmingly caused by high-emitting nations and individuals that is putting poor people and nations who have done little to cause the problem at greatest risk, (b) the harms to the victims are potentially catastrophic losses of life or the destruction of ecosystems on which life depends, (c) those most at risk usually can’t petition their own governments for protection, their best hope is that high emitters of ghgs will respond to their moral obligations to not harm others, and, (d) any solution to the enormous threat of climate change requires high emitting nations to lower their ghg emissions to their fair share of safe global emissions, a classic problem of distributive justice.

Our research has discovered that most journalists and national debates about climate policies around the world  have largely ignored the numerous ethical issues that arise in climate policy formation and instead usually have narrowly responded to the arguments of the opponents of climate policy which have almost always been variations of claims that climate change policies should be opposed because: (a) they will harm national economic interests, or (b) there is too much scientific uncertainty to warrant action.

Yet numerous issues arise in climate change policy formation for which ethical and moral considerations are indispensable to resolve these issues and moral arguments about these issues are by far the strongest responses to arguments on these issues usually made by opponents of climate policies. The issues include:

  • Can a nation justify its unwillingness to adopt climate change policies primarily on the basis of national economic interest alone?
  • When is scientific uncertainty an ethically acceptable excuse for non-action for a potentially catastrophic problem like climate change given that waiting until the uncertainties are resolved makes the problem worse and more difficult to solve?
  • Should proponents or opponents of climate change policies have the burden of proof to scientifically demonstrate that climate change is or is not a threat before climate change policies are in enacted?
  • What level of proof, such as, for instance, 95% confidence levels or the balance of the evidence, is needed to demonstrate climate change is a threat that warrants policy responses?
  • What amount of climate change harm is it ethically acceptable for a nation to impose on those nations or people outside their jurisdiction who will be harmed without their consent?
  • How aggressive should a nation be in achieving carbon neutrality?
  • Do high emitting nations have an ethical responsibility to reduce their ghg emissions as dramatically and quickly as possible or is their responsibility limited to assuring that their ghg emissions are no greater than their fair share of safe global emissions?
  • How transparent should a nation be in explaining the ethical basis for national ghg commitments particularly in regard to sufficiency of the ambition and fairness of the national commitments?
  • To what extent does a nation’s financial ability to reduce ghg emissions create an ethical obligation to do so?
  • What are the rights of potential victims of climate change to consent to a nation’s decision to delay national action on the basis of national cost or scientific uncertainty?
  • Who gets to decide what amount of global warming is acceptable?
  • Who should pay for reasonable adaptation needs of victims of climate change?
  • Do high emitting nations and individuals have a moral responsibility to pay for losses and damages caused climate change to people or nations who have done little to cause climate change?
  • How should national ghg targets consider the per capita or historical emissions of the nation in establishing their national climate commitments?
  • How should a nation prioritize its climate change adaptation needs?
  • Who has a right to participate in a nation’s decision about funding and prioritizing domestic and foreign adaptation responses?
  • How does global governance need to be changed to deal with climate change?
  • What difference for climate change policy-making is entailed by the conclusion that climate change violates human rights?
  • If climate change violates human rights, can economic costs to polluting nations be be a relevant consideration in the development of national climate policy?
  • Can one nation condition its response to the threat of climate change on the actions or inaction of other nations?
  • Which equity framework should a nation follow to structure its response to climate change?
  • What principles of distributive justice may a nation consider in determining its fair share of safe global emissions?
  • What kind of crime, tort, or malfeasance is spreading disinformation about climate change science by those who have economic interests in resisting constraints on fossil fuel?
  • What are the ethical limits of economic reasoning about the acceptability of climate change policies?
  • What ethical issues arise from cap and trade or carbon taxing solutions  to climate change?
  • What is ethically acceptable climate change scientific skepticism, for instance should all climate skeptics be expected to subject their claims in peer-reviewed journals?
  • Can a politician avoid responsibility for taking action on climate change simply on the basis that he or she is not a climate change scientist?
  • What ethical obligations are triggered by potentially catastrophic but low probability impacts from climate change and who gets to decide this?
  • What are the ethical limits to using cost-benefit analyses as a prescriptive guide to national climate policies?
  • What responsibility do high emitting nations have for climate refugees?
  • When are potential adverse environmental impacts of low emitting ghg technologies such as solar and wind a valid excuse for continuing to use high emitting ghg fossil fuel technologies?
  • Who gets to decide whether geo-engineering techniques which could lessen the adverse impacts of climate change are acceptable as long as these techniques could also create potential previously unexperienced environmental impacts?
  • What are the ethical and moral responsibilities of sub-national governments, businesses, organizations and individuals for climate change?
  • Can poor nations which have done little to cause climate change justify non-action on climate change on the basis of their lack of historical responsibility for climate change if some citizens or entities in the country are emitting high amounts of ghgs?
  • Do poor low-emitting nations have any moral responsibility for climate change and what is it?
  • When should a nation be bound by provisions of international law relevant to climate change including provisions in the United Nations Framework Convention on Climate Change that they agreed to such as the “no-harm,” and “precautionary? principles and the duty of developed nations to take the lead on climate change?
  • To what extent should stakeholder groups that advise governments on climate policies be gender and minority representative?

This website contains over 160 articles on these and other climate change ethical issues.

By:

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail.com

Why ethics requires that Intended Nationally Determined Contributions (INDCs) identify: (1) tonnes of CO2eq emissions reduced rather than a percent reduction from a baseline year, (b) the temperature limit and associated carbon budget that the INDC is seeking to achieve, (c) the equity principles that the nation relied on to assure the justice of its INDC, and (d) For Annex 1 countries, ghg emissions in 1990, the common baseline year.

INDC implications aubrey

COP-21 INDCs Compared With Carbon Budgets to achieve a warming limit of: (a)  3 to 4 degrees C, (b) a 50% probability of 2 degrees C, (c) a 66% probability of 2 degrees C , and, (d)  1.5 degrees C.  Global Commons Institute, Aubrey Meyer.

I. Introduction.

The above chart by the Global Commons Institute compares INDCs filed by nations with the UNFCCC before Paris with the reductions that would be needed by the entire world to live within carbon budgets that may not be exceeded if warming will be limited to;  between 3 degrees and 4 degrees C, a 50% chance of limiting warming to 2 degrees C, a 66% chance of limiting warming to 2 degrees C, and a reasonable chance of limiting warming to 1.5 degrees C.

A quick glance at the chart makes it clear that the INDCs that have been submitted by nations so far makes it very unlikely that the international community will be successful in limiting warming to 2 degrees C and virtually impossible to limit warming to 1.5 degrees C unless nations make significant increases in the ambition of their INDCs.

This entry argues that because nations have clear ethical duties to make national commitments on ghg emissions reductions consistent with their fair share of safe global emissions, they have duties to provide clear and transparent information about how their INDCs satisfies the nation’s ethical duty to limit its ghg emissions to levels which are sufficiently ambitious and fair so that citizens around the world can evaluate whether a nation has satisfied its ethical obligations. Furthermore, because national INDCs that have been submitted to the UNFCCC do not contain crucial information that is necessary to evaluate the nation’s compliance with its ethical obligations, nations must submit additional information to allow citizens around the world to  evaluate national compliance with its ethical obligations to prevent dangerous climate change.

All developed countries and some non-Annex 1 countries have submitted INDCs that have made commitments on the basis of percent reductions below a baseline year such as 1990 or 2005 by a specific date such as 2030, 2050, etc.

Although nations were encouraged by the Lima COP-20  decision in 2014  to include in their INDC submissions information that was transparent as to  why their INDC was sufficiently ambitious and fair, few nations have done this.

As of October 8th, 2015, 121 INDC submissions have been filed with the UNFCCC, reflecting 148 countries (including the European Union member states), and covering around 86% of global emissions in 2010 (excluding land use and forest emissions) and 87% of global population.) Most nations have not submitted information that is useful in determining the adequacy of the ambition or fairness of the INDCs submitted.

II. Why nations have a strong ethical duty to be clearly transparent on how they satisfied their ethical obligations to reduce its ghg emissions to the nation’s fair share of safe global emissions. 

A strong ethical case can be made that if nations have duties to limit their ghg emissions to their fair share of safe global emissions, a conclusion that follows both as a matter of ethics and justice and several international legal principles including, among others, the “no harm principle,” and promises nations made in the 1992 UNFCCC to adopt policies and measures required to prevent dangerous anthropocentric interference with the climate system in accordance with equity and common but differentiated responsibilities, nations have a duty to clearly explain how their national ghg emissions reductions commitments arguably satisfy their ethical obligations to limit their ghg emissions to the nation’s fair share of safe global emissions.

Because information submitted by nations with their INDCs does not contain sufficient information to help evaluate the ethical acceptability of national INDCs, nations should submit additional information needed to evaluate a nation’s compliance with its ethical obligations to prevent dangerous climate change.

The ethical duty to clearly explain how a nation satisfied its ethical obligations for climate change follows from the ethical duty of nations to not harm others beyond their national boundary. Although nations could reasonably disagree on what equity frameworks should guide national commitments on ghg emissions, no nation can deny its responsibility to reduce its ghg emissions on the basis of equity and principles of distributive justice to levels that will prevent dangerous climate impacts around the world. Unless nations specifically identify the equity principles that have guided their ghg emissions reductions, and the assumptions about warming limits entailed by their INDC,  nations and citizens around the world who may be harmed by illigitmate uses of common pool resources have an insufficient factual basis to challenge the potentially unethical responses of nations to their ethical obligations.  From this it is clear that nations have a strong duty to be clear on how they satisfied their ethical responsibilities for climate change. Yet almost all INDCs submitted thus far have either no information or inadequate information on how the nation satisfied its ethical duties in regard to the sufficient ambition or the justice of its INDC.

III. The ethical basis for why national INDCs should specify; (a) the number of tons of ghg emissions that will be reduced by implementation of the INDC by a specific date, (b) the warming limit and associated carbon budget that the nation’s INDC is seeking to achieve in cooperation with other nations, (c) the equity principles assumed by the nation in determining the fairness of its INDC, and (d) for Annex 1 nations,  emissions reductions that will be achieved by the INDC from 1990, a common baseline year. 

Any national ghg emissions reduction commitment is implicitly a position on two ethical questions, namely, first, what safe atmospheric ghg concentration level the commitment is designed to achieve and, second, what equity framework or principles of distributive justice the INDC is based on. Although some nations have acknowledged their ethical duties to base their INDC on ethically justifiable criteria, almost all INDC submissions have not explained how specific emissions reductions commitments link to a specific desired atmospheric ghg concentration levels and its associated carbon budget that will provide some level of confidence that a warming limit will be achieved nor why their ghg emissions reductions commitment is fair as a matter of distributive justice.

In fact no nation has explained quantitatively how its commitment is related to an atmospheric carbon budget or a specific equity framework. In addition the information submitted with INDCs submitted so far make it virtually impossible to rigorously evaluate the adequacy of the INDC as a matter of ethics and justice.

Almost all INDCs that have been submitted thus far by developed nations commit to a percentage reduction in ghg emissions from a baseline year by a a stated year. Although some nations acknowledge that their climate policies should be guided by ethical principles, no nation has expressly explained quantitatively how their commitments were specifically guided by ethical principles.

Because the acceptability of an INDC is a matter of ethics and justice, and citizens need additional information about the INDC to be able to evaluate the ethical acceptability of the INDC, INDCs submitted should be supplemented by additional information because an INDC expressed as a percent reduction from a given baseline year by a certain future date does not reveal:

(a) the percentage of the global carbon budget that will be consumed by the nation’s emissions because a percentage reduction commitment does not say when the reductions will be achieved yet the speed with which the reductions are achieved will affect the tonnes of any remaining carbon budget with quicker reductions consuming less amounts of the available carbon budget while waiting until the end of the period to achieve the percent reduction committed to will consume much more of the remaining carbon budget;

 

(b) the carbon budget in gigatons of CO2eq that the INDC is seeking to achieve. Because different carbon budgets will provide different levels of confidence that warming will be limited to specific temperature increases and the amount of temperature increase that an INDC has implicitly deemed to be acceptable to the nation is an ethical issue at its core, the nation should be required to link the INDC to a specific carbon budget so that the ambition of the INDC can be evaluated through an ethical lens.

 

(c) the equity framework or principles assumed by the nation in determining how much of a global carbon budget should be allocated to the nation in establishing its INDC such as contraction and  convergence, ghg development rights, historical emissions responsibilities, or other principles of distributive justice.  Although reasonable people may disagree what equity framework is just, nations should be expected to expressly specify the equity framework or principles of  distributive justice they used in determining their INDC so that citizens around the world can evaluate claims about fairness made by a nation in setting its INDC.

 

(d) the fairness of the baseline year selected such as 1990. Some nations including the United States have selected baseline years such as 2005 which represents the year of its peak emissions, 13 years after the United States agreed in the 1992 UNFCCC to adopt policies and measures to prevent dangerous climate change that would return ghg emissions to levels that existed before 1992 by 2000. Although the international community could reasonably adopt different baseline years, ideally the baseline year should be consistent among nations so that citizens could more easily compare commitments and understand how a nation has taken responsibility for policies they adopted or failed to adopt after the nation agreed to adopt climate policies and measure in the 1992 UNFCCC. Although a strong case can be made that historical ghg emissions before 1990 should be considered in determining a nation’s fair share of safe global emissions, selecting a common baseline year such as 1990 would facilitate easier citizen comparison of national commitments while retaining the rights of nations to make arguments that historical ghg emissions should be considered in any equity framework.

For these reasons, ghg emissions reductions commitments in INDCs should be: (a) stated in tons of ghg emissions reductions rather then percent reductions  from a baseline year, (b) identify the temperature limit and its associated carbon budget that the INDC is seeking to achieve to satisfy its ethical responsibilities to prevent dangerous climate change, (c) identify the equity framework or principles a nation followed to assure that its ghg emissions reductions were fair and just, and (d) compute its ghg emissions reductions commitment from the baseline year of 1990.

By: 

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

dabrown57@gmail.com

If Pope Francis is Right that Climate Change is a Moral Issue, How Should NGOs and Citizens Respond to Arguments Against Climate Policies Based on the Failure of Other Countries Like China to Act?

pope-francis-environment-encyclical1

I. Introduction 

This is the third article in a three part series that makes recommendations to NGOs and citizens on how to respond to opponents of climate change policies if Pope Francis’ claim that climate change is fundamentally a moral problem is correct.  The first in this series made recommendations on how to respond to arguments against climate change policies based on cost if climate change is a moral problem. The second made recommendations on how to respond to arguments made against climate change policies based on   scientific uncertainty. This entry makes recommendations on how to respond to arguments against climate policies based on claims that it would be unfair or ineffective if a nation makes significant reductions in ghg emissions if other nations such as China or India does not act,

Pope Francis’ Encyclical, Laudato Si, On Care for Our Common Future, is attracting high-level attention around the world for its claim that climate change is a moral problem which all people have a duty to prevent. If his claim that climate change is essentially and  fundamentally a moral problem is widely accepted, a conclusion that is strongly supported by basic ethical theory as explained on this website many times, it has the potential to radically transform how climate change has been debated in many nations around the world for the last twenty-five years because opponents of climate change policies have been very successful in framing the public debate so that it has focused on several issues almost exclusively. This framing has enabled the climate change debate to ignore ethical and moral issues that should have been part of the debate. The opponents of climate change policies have succeeded in opposing proposed climate change law and policy by claiming that government action on climate change should be opposed because: (1) it will impose unacceptable costs on national economics or specific industries and destroy jobs, (2) there is too much scientific uncertainty to warrant government action, or (3) it would be unfair and ineffective for nations like the United States to adopt expensive climate policies as long as China or India fail to adopt serious greenhouse gas emissions reductions policies. Common to these arguments is that they have successfully framed the climate change debate so that opponents and proponents of climate policies debate facts about costs, scientific uncertainty, or economic harms to  nations that act while other large emitters don’t act  rather the moral problems with these arguments.

However, if climate change is understood as essentially a moral and ethical problem it will eventually transform how climate change is debated because the successful framing by the opponents of climate change policies that have limited recent debate to these three arguments, namely cost, scientific uncertainty, and unfairness of reducing ghg emissions until China does so can be shown to be deeply ethically and morally problematic.

This series argues that NGOs, governments, and citizens should ask opponents of climate change policies questions designed to bring attention to the obvious ethical and moral problems with arguments made by opponents of climate change policies. Each question is followed by a brief description of the moral problem that the question is designed to bring to light.

 II. Questions to be asked of those opposing government action climate change on the basis that other nations such as China and India have not reduced their ghg emissions.

When you argue that nations such as the United States need not reduce its ghg emissions to its fair share of safe global emissions because other nations such as China or India have not taken action,

1. Are you claiming that no nation has a duty to reduce its ghgs emissions to its fair share of safe global emissions until all other nations reduce their greenhouse gas emissions accordingly?

This question is designed to expose the ethical duty of all nations to reduce their ghg emissions to their fair share of safe global emissions regardless of what other nations do because any nation emitting ghg emissions above its fair share of safe global emissions is contributing to elevated atmospheric ghg concentrations which are harming and threatening others. 

2. If you claim that the US or other developed nation has no duty to act on climate change until China acts, do you agree that economic competitors such has China have no duty to reduce their ghg emissions until the United States does so?

This question is designed to bring attention to the fact if the United States or other high-emitting nation has no duty to reduce its ghg emissions to its fair share of safe global emissions until other nations do the same, no nation has a duty to act until the US responds to its obligations, a patently absurd conclusion. 

3. Are you aware that the claim frequently made by opponents of US  and other national action on climate change that if the country acts to reduce its ghg emissions and China or other developing country does  not act it will make no difference because climate change will still happen is not true because ghg emissions from nations exceeding their fair share of safe global emissions are responsible for rising atmospheric concentrations of ghgs?

This question is designed to correct the false claim that as long as a country such as China does not act, any action by a high-emitting nation such as the United States to reduce its ghg emissions makes no difference. This is factually not true because as long as a developed nation’s ghg emissions are above its fair share of safe global emissions they are contributing to rising atmospheric concentrations of ghgs. 

4. Are you aware that the United States agreed when it ratified the United Nations Framework Convention on Climate Change in 1992 to adopt policies and measures to prevent dangerous anthropogenic interference with the climate system on the basis of equity and common but differentiated responsibilities and that developed nations agreed to take the lead in reducing the threat of climate change?

This question is designed to bring attention to the fact that the United States and other developed nations have promised to take action to reduce their ghg emissions to their fair share of safe global emissions regardless of what other nations do under the UNFCCC.

6. Are you aware that all nations have a duty under customary international law to prevent harm by ensuring that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction?

This question is designed to expose the ethical duty of the United States and other high-emitting nations under international law to prevent its citizens from engaging in activities which cause climate change damages as a matter international law without regard to what other nations do.

7. Are you aware that the United States is much more responsible for elevated atmospheric ghg concentrations than any other country including China because of US historical and per capita emissions?

This question is designed to expose the strong ethical obligation of the United States and many other high-emitting nations to reduce their ghg emissions without regard to what other nations do because they are more responsible for dangerous elevated atmospheric levels of ghgs than any countries.

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener Commonwealth University Law School

dabrown57@gmail.com

Questions That Should Be Asked of Opponents of Climate Change Policies, Including Politicians, To Help Expose the Ethical, Moral, and Justice Problems with Their Positions

Bathtub revised

I. Introduction

If climate change, as the Pope’s recent encyclical claims, is a profound global justice, ethical, and moral problem, this paper identifies questions that should be asked of opponents of climate change policies to expose the ethical problems with their positions.

Although the Pope bases his claim that climate change is a moral problem on theological arguments derived mostly from Catholic teachings, this paper begins with a brief description of unique features of climate change that lead to an understanding that this enormous global threat must be understood fundamentally and essentially as a moral, ethical, and justice problem as a matter of secular ethics also. This is followed by questions designed to assure that opponents of climate change policies are required to expressly respond to ethical problems with their most frequent arguments made against climate change policies. These questions are organized according to the most frequent arguments made against climate change policies which are claims that climate change policies: (a) will impose unacceptable costs on a national economy or specific industries or prevent nations from pursuing other national priorities, (b) should not be adopted because of scientific uncertainty about climate change impacts, or (c) are both unfair and ineffective as long as high emitting nations such as China or India do not adopt meaningful ghg emissions reduction policies. Following each question is a short explanation of the strong ethical arguments for rejecting the arguments of the climate change policy opponents that have triggered the specific questions.

II. Why Climate Change Must be Understood as an Ethical, Moral, and Justice Problem.

Climate change must be understood and responded to as a profound problem of global justice, ethics, and morality. This is so because in addition to the theological reasons given by Pope Francis recently: (a) it is a problem mostly caused by some nations and people emitting high-levels of greenhouse gases (ghg) in one part of the world who are harming or threatening tens of millions of living people and countless numbers of future generations throughout the world who include some of the world’s poorest people who have done little to cause the problem, (b) the harms to many of the world’s most vulnerable victims of climate change are potentially catastrophic, (c) many people most at risk from climate change often can’t protect themselves by petitioning their governments; their best hope is that those causing the problem will see that justice requires them to greatly lower their ghg emissions, (d) to protect the world’s most vulnerable people nations must limit their ghg emissions to levels that constitute their fair share of safe global emissions, and, (e) climate change is preventing some people from enjoying the most basic human rights including rights to life and security among others. Because climate change is a profound problem of ethics, morality and justice those causing the problem may not use self-interest alone as justification for their policy responses to human-induced warming, they must respond in ways consistent with their responsibilities and duties to others. In light of this the following questions should be asked of those who oppose national action on climate change on the basis of excessive cost to national economies, scientific uncertainty, or unfairness if other high emitting nations refuse to reduce their ghg emissions. .

III.  Questions That Should Be Asked of Those Opposing Climate Change to Expose the Ethical and Moral Problems with Their Opposition.  

A. Questions to be asked of those opposing government action on climate change on the basis of cost to the economy, cost to specific industries, job destruction, or other economic arguments that oppose adoption of climate change policies.

When you argue that governments should not adopt policies to reduce ghg emissions to their fair share of safe global emissions on the basis that climate policies will impose unacceptable costs on national economies, destroy specific industries, kill jobs, or prevent the nation from investing in other national priorities:

1. Do you deny high-emitting nations not only have economic interests but also duties and obligations to nations and people most vulnerable to climate impacts to limit their ghg emissions to their fair share of safe global emissions?

This question is designed to expose a strong ethical and moral problem with those who refuse to reduce their ghg emissions on the basis of costs to them, a position that ignores that those harming others have strong ethical, moral, and legal responsibilities to not harm others. This strong ethical and moral responsibility is derivable both from the universally accepted moral principles including the widely accepted golden rule which requires people to treat others as they wish to be treated, and international law including, but not limited to the “no harm” rule  which is a widely recognized principle of customary international law whereby a State is duty-bound to prevent, reduce and control the risk of environmental harm to other states and a rule agreed to by all nations in the preamble to the UNFCCC, the “polluter-pays principle” agreed to by almost all nations in the 1992 Rio Declaration, human rights law which requires nations to assure that their citizens enjoy human rights, and many other legal theories including tort law. 

2.  Do you agree that no nation has a right to kill other people or destroy the ecological systems on which life depends simply because reducing ghg emissions will impose costs on the high-emitting nation?

Like question one, this question is designed to expose more explicitly than previous questions that those nations who refuse to limit ghg emissions to their fair share of safe global emissions are implicitly ignoring their very strong ethical duty to not kill or greatly harm others.

3. Do you deny that all high ghg emitting developed nations under the UNFCCC has a duty to adopt policies that prevent harms from climate change to  human health and ecological systems on which life depends which the nation is causing in other nations?

In addition to the ethical problems with cost arguments identified above in response to questions one and two, this question is also designed to expose that a nation that refuses to reduce its ghg emissions to its fair share of safe global emissions is violating promises it made under the UNFCCC to adopt ” policies and measures to prevent dangerous anthropocentric interference with the climate system.” and that the developed nations have promised to take the lead in reducing ghg emissions.

4. Do you deny the applicability of the well-established international norm that polluters should pay for the harms caused by their pollution and that if a nation or entity refuses to reduce its ghg emissions it is responsible for any damages or harms caused by their ghg emissions?

This question is designed to more expressly expose the ethical issue identified in response to question one, namely that high-emitting nations are responsible for the harms they are causing to others under the “polluter pays” principle of international law. This rule is also a basis for concluding that high-emitting nations have a duty to pay for the damages caused by ghg emissions from their country that exceed their fair share of global emissions.

5. Do you agree that a nation that refuses to reduce its ghg emission to its fair share of safe global ghg emissions on the basis of cost to it is implicitly taking  a position on how high atmospheric concentrations of ghgs should be allowed to rise and that the higher atmosphere ghg concentrations rise the more people and the ecological systems on which life depends will be harmed?.

This question is designed to expose that refusals of nations to reduce their emissions to their fair share of safe global emissions is implicitly a position on acceptable levels of atmospheric ghg concentrations which is essentially a moral issue because a position on acceptable atmospheric ghg concentrations is a position of a nation on who it is willing to kill or greatly harm by their ghg emissions. 

6. Do you agree that a national ghg emissions target that is based on cost to it must be understood as implicitly a position on a global emissions reduction pathway necessary to stabilize atmospheric ghg concentrations at safe levels and that the longer a nation waits to reduce its ghg emissions to its fair share of safe global emissions the smaller is  the remaining carbon budget for the entire world that may not be exceeded to prevent dangerous climate change?

This question is designed to expose the fact that because delays in ghg emissions based on costs to the polluter makes the enormous threat of  climate change much more difficult to solve and more likely that serious harms and damages will be experienced, therefore arguments for delays in reducing ghg emissions based upon cost raise moral and ethical issues because the delays are making the problem worse. 

7. Do you agree that nations which emit ghgs at levels beyond their fair share of safe global emissions have a duty to help pay for reasonable adaptation needs and unavoidable damages of low-emitting vulnerable countries and individuals who have done little to cause climate change?

This question is designed to expose the fact that a nation’s  refusal to lower its  ghg emissions to its fair share of safe global emissions on the basis of costs creates financial obligations to pay for resulting harms and damages.

8. Do you agree that all the costs of inaction on climate change must be considered by nations who refuse to reduce their ghg emissions to their fair share of safe global emissions on the basis of cost to them?

This question is designed to expose that fact that a nation which refuses to reduce its ghg emissions on the basis of costs to it have a strong duty to expressly consider all the costs of damages created by inaction.  

9. Given that the United States and most other developed anions have  for over twenty-five years failed to adequately respond to climate change because of alleged unacceptable costs to each nation and that due to the delay ghg emissions reductions now needed to avoid potentially catastrophic climate change are much steeper and costly than what would be required if these nations acted twenty five years ago, is it just for the United States and other developed nations  to now defend further inaction on climate change on the basis of cost to it?

This question is designed to expose the fact that previous unwillingness to reduce ghg emissions by a nation has caused dangerous delays which should be understood to create moral obligations to delay no longer in reducing ghg emissions to the nation’s fair share of safe global emissions. 

10. Do you believe that a nation who desires to delay to reduce its ghg emissions on the basis of costs to it, should have a responsibility to consult with those who will be harmed by the delay before delay is initiated?

This question is designed to expose the fact that procedural justice requires that that those who seek to put others at greater risk on the basis of cost has a duty as a matter of procedural justice to seek consensus from those who may be harmed by non-action. 

B. Questions to be Asked of Those Opposing Action on Climate Change on the Basis of Scientific Uncertainty.

When you argue that nations such as the United States or states, regional, or local governments, businesses, organizations, or individuals that emit high levels of greenhouse gases (ghg) need not reduce their ghg emissions to their fair share of safe global emissions because of scientific uncertainty about adverse climate change impacts:

1. On what specific basis do you disregard the conclusions of the United States Academy of Sciences, and numerous other Academies of Sciences Around the World including the Royal Academy of the UK,  over a hundred of the most prestigious scientific organizations whose membership includes those with expertise relevant to the science of climate change, including the American Association for the Advancement of Science, the American Geophysical Union, the American Institute of Physics, the American Meteorological Society, the Royal Meteorological Society,  and according to the American Academy of Sciences 97 percent of scientists who actually do peer-reviewed research on climate change which conclusions hold that the Earth is warming, that the warming is mostly human caused, and that harsh impacts from warming are already being experienced in parts of the world, and that the international community is running out of time to prevent catastrophic warming.

This question is designed to expose the ethical conclusion that nations who are put on notice by the most prestigious and responsible scientific organizations  in the world that ghg emissions from their jurisdictions are causing great harm to vulnerable people around the world have an ethical duty to accept the burden of proof to prove that their ghg emissions are not causing harm. That is once there is a reasonable scientific basis for concluding that some nations or entities are causing great harm, the question of who should have the burden of proof is an ethical and not simply a scientific question.  Thus the question is designed to bring attention to the ethical duty of those who are engaged in risky behavior to produce credible scientific evidence that demonstrates that their behavior is not causing harm if they choose to use uncertainty as justification for continuing the risky behavior.   That risky behavior is not acceptable because there is some uncertainty about the harm that will be caused by the behavior is clear from law around the world that makes dangerous behavior unacceptable and often criminal. For instance, it is not a defense to reckless driving that the police could not prove the driving would cause harm. Nations and people have a moral duty to  stop engaging in behaviors that might be causing harm once they are put on notice that their behavior is dangerous.  

2. Assuming, for the sake of argument, that there are some remaining scientific uncertainties about climate change impacts, are you arguing that no action of climate change should be taken until all scientific uncertainties are resolved given that waiting to resolve uncertainties before action is taken will virtually guarantee that it will too late to prevent catastrophic human-induced climate change harms to people and ecological systems around the world?

This question is designed to bring attention to the ethical duty to take action in the face of uncertainty if waiting until the uncertainties are resolved will produce greater harm if the harms are caused particularly for problems like climate change that the predicted harms are likely catastrophic to some people and regions.. 

3. Given that waiting until uncertainties are resolved will make climate change harms worse and the scale of reductions needed to prevent dangerous climate change much more daunting, do you deny that those who are most vulnerable to climate change’s harshest potential impacts have a right to participate in any decision about whether a nation should wait to act to reduce the threat of climate change because of scientific uncertainty?

This question is designed to expose the ethical duty entailed by procedural justice to obtain consensus from those who will be harmed by any delay in taking action on the basis of uncertainty when delay will likely increase the harms to those most vulnerable to the dangerous behavior. 

4. Should a developed nation such as  the United States which has much higher historical and per capita emissions than other nations be able to justify its refusal to reduce its ghg emissions to its fair share of safe global emissions on the basis of scientific uncertainty, given that if the mainstream science is correct, the world is rapidly running out of time to prevent warming above 2 degrees C, a temperature limit which if exceeded may cause rapid, non-linear climate change.

This question, following up on question one is designed to expose the ethical duty of high-emitting developed countries like the United States to refrain from further delay on climate change on the basis of scientific uncertainty given that the nation’s  non-action on climate change is  already responsible for putting the international community in great danger from climate change. 

5. If you claim that there is no evidence of human causation of climate change are you aware that there are multiple “fingerprint” studies and “attribution” studies which point to human causation of observed warming?

This question. following up on question one, is designed to expose the fact that there is a strong ethical duty to assume human causation of climate change if there is reliable evidence of human causation and that those who seek to justify non-action on climate change because they claim that human causation has not been proven have a very strong ethical duty to demonstrate that humans are not causing climate change with high levels of proof. More specifically in regard to the question of human causation, opponents of climate change policies that deny human causation should be expected to specifically respond to the numerous “foot-print” and “attribution” studies that the international community has relied on to make conclusions about human causation.

6. When you claim that the United States or other nations emitting high levels of ghgs need not adopt climate change policies because adverse climate change impacts have not yet been proven, are you claiming that climate change skeptics have proven in peer reviewed scientific literature that human-induced climate change will not create harsh adverse impacts to the human health and the ecological systems of others on which their life often depends and if so what is that proof?

This question is designed to expose that those who seek to rely on scientific uncertainty as justification for non-action on climate change have a strong ethical duty to produce very credible scientific evidence that supports the conclusion that human activities releasing ghgs are not causing climate change and its impacts. 

7. If you concede that climate skeptics have not proven in peer-reviewed journals that human-induced warming is not a very serious threat to human health and ecological systems, given that human-induced warming could create catastrophic warming the longer the human community waits to respond to reduce the threat of climate change and the more difficult it will be to prevent dangerous warming, do you agree that those responsible for rising atmospheric ghg concentrations have a duty to demonstrate that their ghg emissions are safe?

This question is designed to provoke express ethical reflection on the fact that those most responsible for dangerous atmospheric concentrations of ghg have a strong ethical duty to demonstrate that additional levels of ghg in the atmosphere are safe. 

8. Given that in ratifying the United Nations Framework Convention on Climate Change (UNFCCC) the United States in 1992 agreed under Article 3 of that treaty to not use scientific uncertainty as an excuse for postponing climate change policies, do you believe the United States is now free to ignore this promise by refusing to take action on climate change on the basis of scientific uncertainty? Article 3 states:

The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost. (UNFCCC, Art 3)

This question is designed to bring attention to the fact that because all nations that ratified the UNFCCC agreed to not use scientific uncertainty as an excuse for not reducing their ghg emissions, they have an ethical duty to keep their promises.

9. If a nation such as the United States which emits high-levels of ghgs refuses to reduce its emissions to its fair share of safe global emissions on the basis that there is too much scientific uncertainty to warrant action, if it turns out that human-induced climate change actually seriously harms the health of tens of millions of vulnerable people around the world and ecological systems on which their life depends, should the nation be financially responsible for the harms that could have been avoided if preventative action had been taken earlier?

This question is designed to bring attention to the ethical duty of nations to pay for damages that result from their delays in taking action on the basis of scientific uncertainty. 

10. Do you agree that if a government is warned by some of the most prestigious scientific institutions in the world that activities within its jurisdiction are causing great harm to and gravely threatening hundreds of millions of people outside their government’s jurisdiction, government officials who could take steps to assure that activities of their citizens do not harm or threaten others should not be able escape responsibility for preventing harm caused by simply declaring that they are not scientists?

This question is designed to expose that those politicians who refuse to reduce their government’s ghg on the basis that they are not scientists cannot ethically justify non-action on climate change on this basis because once they are put on notice by respected scientific organizations that ghg from their government jurisdiction are harming others, they have a duty to prevent dangerous behavior or establish credible scientific evidence that the alleged dangerous behavior is safe. 

C. Questions to be asked of those opposing government action climate change on the basis that other nations such as China and India have not reduced their ghg emissions.

When you argue that nations such as the United States need not reduce its ghg emissions to its fair share of safe global emission because other nations such as China have not taken action,

1. Are you claiming that no nation has a duty to reduce its ghgs emissions to its fair share of safe global emissions until all other nations reduce their greenhouse gas emissions accordingly?

This question is designed to expose the ethical duty of all nations to reduce their ghg emissions to their fair share of safe global emissions regardless of what other nations do because any nation emitting ghg emissions above its fair share of safe global emissions is contributing to elevated atmospheric ghg concentrations which are harming and threatening others. 

2. If you claim that the US or other developed nation  has no duty to act on climate change until China acts, do you agree that economic competitors such has China have no duty to reduce their emissions until the United States does so?

This question is designed to bring attention to the fact if the United States or other high-emitting nation has no duty to reduce its ghg emissions to its fair share of safe global emissions until other nations do the same, no nation has a duty to act until the US responds to its obligations, a patently absurd conclusion. 

3. Are you aware that the claim frequently made by opponents of US  and other national action on climate change that if the country acts to reduce its ghg emissions and China or other developing country dose not act it will make no difference because climate change will still happen is not true because ghg emissions from nations exceeding their fair share of safe global emissions are responsible for rising atmospheric concentrations of ghgs?

This question is designed to correct the false claim that as long as a country such as China does not act, any action by a high-emitting nation such as the  United States to reduce its ghg emissions makes no difference. This is factually not true because as long as a developed nation’s ghg emissions are above its fair share of safe global emissions they are contributing to rising atmospheric concentrations of ghgs. 

4. Are you aware that the United States agreed when it ratified the United Nations Framework Convention on Climate Change in 1992 to adopt policies and measures to prevent dangerous anthropogenic interference with the climate system on the basis of equity and common but differentiated responsibilities and that developed nations agreed to take the lead in reducing the threat of climate change?

This question is designed to bring attention to the fact that the United States and other developed nations have promised to take action to reduce their ghg emissions to their fair share of safe global emissions regardless of what other nations do under the UNFCCC.

6. Are you aware that all nations have a duty under customary international law to prevent harm by ensuring that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction?

This question is designed to expose the ethical duty of the United States and other high-emitting nations under international law to prevent its citizens from engaging in activities which cause climate change damages as a matter international law without regard to what other nations do.

7. Are you aware that the United States is much more responsible for elevated atmospheric ghg concentrations than any other country including China because of US historical and per capita emissions?

This question is designed to expose the strong ethical obligation of the United States and many other high-emitting nations to reduce their ghg emissions without regard to what other nations do because they are  more responsible for dangerous elevated atmospheric levels of ghgs than any countries.

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener Commonwealth University Law School

dabrown57@gmail.com