In June 1992, 154 nations agreed to the United Nations Framework Convention on Climate Change. Like all international treaty agreements, before an international treaty is finalized, nations must grapple with numerous treaty principles that are developed through negotiation to deal with issues that will likely arise in a treaty’s application to policy. Since the 1992 climate treaty was enacted, opponents of government action on climate change have largely framed their opposition to government climate policies on the basis of scientific uncertainty about GHG caused warming and excessive cost of implementing the treaty. Key ethical principles that were enacted in the 1992 UNFCCC relevant to the uncertainty and excessive cost arguments included the “precautionary principle,” the “no harm” principle, and under the UNFCCC and Paris Agreement nations base their GHG emissions reduction targets on “equity.” Another rule which has been agreed to by most governments which undermines the excessive cost arguments are government duties to protect human rights.
At the recently concluded Egyptian COP27, UNESCO invited speakers including myself to reflect on ethical issues that will arise in any government’s consideration of geoengineering as a solution to climate change. This program also considered why ethical principles that have been agreed to under international law have not gotten traction in national implementation of the climate treaty.
This entry is a summary of my explanation of why ethical principles which have been agreed upon to guide national responses to climate action have not gotten traction in national responses to climate charge including the United States.
Because entities whose economic interests are threatened by implementation of a treaty created to protect civil society from threats that cant be adequately dealt with at the local level often resist compliance with ethical/l principles adopted by the international community, UNESCO has expressed interest in getting traction for ethics in international efforts to create and implement treaties to protect civil society from threats that cant be solved at the national level. My conclusions about why ethics did not get traction are largely based upon my experience inside the US federal and Pennsylvania state governments as these governments struggled to adopt policies to reduce GHG emissions.
The consensus scientific view of climate change is usually understood to be that initially articulated by the Intergovernmental Panel on Climate Change. (About IPCC 2021). IPCC was established in 1988 by the World Health Organization and the United Nations Environment Program to enable governments to assess the scientific, technical, and socio-economic information relevant to climate change, its potential impacts, and options for adaptation and mitigation (IPCC 2010). The IPCC does not do original research but synthesizes and summarizes the extant peer-reviewed climate science to make recommendations to governments and policymakers about needed climate policies, (IPCC 2010a).
Any government who is a member of WHO or UNEP may be a member of the IPCC with current membership at hundred 195 countries. (About IPCC 2021) Therefore countries who have sometimes opposed international action on climate change on scientific grounds, including the United States and Saudi Arabia, for instance , have the same power as governments that have traditionally strongly supported national action on climate change such as most of the governments in the European Union and many of the nations most vulnerable to climate impacts such as sea lea level rise or flooding such as small island developing states already being threatened by sea level rise.
This entry explains why ethical principles that all nations who are signatories to the 1992 Climate treaty agreed would guide their response to national climate policies have not gotten traction in national responses to climate change. I have encouraged UNESCO to continue to consult with others on this important question.
In addition to the ethical issues discussed in this paper, a new Routledge Handbook on Applied Climate Ethics which is being edited by myself and Katherine Kintzel Gwiazdon, Executive Director of the Center for Ethics and Law, has identified 40 ethical issues that arise in climate change policy formation. We believe it is important to help citizens understand that these issues raise ethical questions and therefore can’t be effectively dealt with by only debating about facts. This is so because if nations take positions on these issues based only on their self-interest they will likely harm others.
Anyone interested in getting a copy of the Handbook, please so indicate in your response to this article.
Adam Smith who convinced civil society of the value of free markets also warned civil society that merchants would sometimes ruthlessly scheme against the public interest. The central purpose of the fossil fuel funded disinformation campaign was to undermine civil society’s faith in mainstream climate science.
Given that the IPCC’s assessment reports must be unanimously approved by the member countries including countries who have for most of the history of international climate change negotiations have opposed strong international responses to climate change, one can conclude that there has been a broad consensus about the IPCC’s scientific conclusions among nations of the world.
When the founding nations of 1992 climate treaty agreed to the climate treaty, anticipating some climate science issues would remain somewhat uncertain at least initially, all nations unanimously agreed to the inclusion of the “precautionary principle.” This principle not only prohibits nations from using scientific uncertainty as an excuse for failing to comply with their obligations under the climate treaty, it requires governments to use precautionary science to describe dangerous risks that cant be described quantitatively for practical reasons.
While serving as Program Manager for United Nations organizations in the EPA in 1997 under the Clinton administration, I was asked by the US State Department to co-chair with a colleague from the energy department a negotiation taking place in the UN Commission on Sustainable Development which was considering whether nations would agree that the “balance of the evidence suggests a discernible human cause of climate change.” At the conclusion of these negotiations in 1997 every country in the world that was seated in the UN CSD at that time which was approximately 160 countries, agreed with this statement including Saudi Arabia and other OPEC countries. This statement had already been agreed to by all nation’s IPCC scientists in 1995. These countries included nations that had historically sometimes opposed international action on climate change including United States and OPEC countries such as Saudi Arabia. This statement was consistently strengthened over the next 15 years in IPCC meetings so that in 2013 all nations who were members of IPCC agreed with the conclusion that: “Human emitted GHG are extremely-likely, at least a 95% chance, responsible for than half of the Earth’s temperature increase since 1953. Yet many US politicians at the federal and state level continued to claim that human induced climate change was a hoax.
Counterpoints, 2020
This chart depicts that IPCC’s conclusions about human causation of climate change increased in confidence in every report over the 25 years with the last report claiming that human cause of climate change was virtually certain, meaning at least a 95% probability.
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 fingerprints;”
(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 recent rise in global temperatures;
(3) have known precisely since the mid-1880s the amount of forcing a molecule of CO2 generates in watts per square meter;
(4) have known that the CO2accumulating in the atmosphere is from fossil fuel combustion because of its chemical isotope.
(5} determined that the CO2accumulating in the atmosphere is directly proportional to the timing and amount of fossil fuel combustion around the world;
(6) tested these lines of evidence rigorously in computer model experiments since the 1960s,
(7) these models have not only accurately predicted future warming, they have been run backward and accurately described past temperature regimes .
The way the upper and lower atmosphere heats up is one of ten lines of evidence referred to as a “ fingerprint” 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. These and other human fingerprints have been tested and these tests have concluded that atmospheric GHG from human activities are causing the warming.
{Simple Climate 2011)
The global confidence in human causation of warming is derived not only from the fingerprint evidence but also scientific tests designed to compare whether the warming being experienced on Earth can be attributed to those natural forces which are known to have driven historical changes in climate such as regular changes in the sun’s energy reaching the Earth. This kind of study is called an “attribution” study. The above 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 very strong evidence for attributing recent warming to human caused forcing.
The scientific confidence in the consensus view of climate change is also extraordinary 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 have been recommended by member governments for their scientific expertise, produce comprehensive three volume IPCC reports. The IPCC does not do research, it synthesizes the peer-reviewed scientific literature.
IPCC has issued Reports every year 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 focuses on mitigation. This writer was a contributing author to a new IPCC Chapter in Working Group III in the IPCC 5th assessment on ethics and sustainability and for the 6th Assessment Report Working Group II.
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 have 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 climate science (Dunlap, R., & McCright, A., 2015. p. 300).
Despite the current almost universal agreement among nations that climate change is human-caused and very dangerous, many US politicians frequently have and continue to argue that human-induced climate change is a hoax. As of March of 2021, there were 139 elected officials in the United States Congress who deny the scientific consensus on human caused climate change. (CAP, 2021). These members received more than $61 million in lifetime contributions from the coil,, oil, and gas industries. (CAP, 2021) And so many US federal legislators who have taken a skeptical position on climate change have received money from fossil fuel interests.
While working for the Clinton administration, i had an opportunity to witness how the fossil fuel industry frustrated the efforts of a US administration that sought to reduce US ghg emissions. An example, while I was working as the US Program Manager to UN Organizations during the Clinton administration while the US was considering ratifying the Kyoto Protocol, during this time, the Global Climate Coalition, an international lobbying group of businesses who opposed action to reduce GHG emissions was waging an intense national campaign in opposition to the US ratification of the Kyoto Deal.
Also while Kyoto deal was in its final stages Senators Robert Byrd and Chuck Hagel were moving a petition through the US Senate which stated that the US should not sign an agreement that included new US commitments that mandated new US commitments unless developing country parties agreed to new commitments within the same time frame. The Byrd-Hegel passed the US Senate unanimously on in July 1997, 95 to nothing. Although the Clinton administration signed the Kyoto Deal in November 1998, the success of the Byrd-Hegel petition made it obvious that any attempt to ratify it would be futile.
The perceived allegedunfairness of the Kyoto Protocol is one of many examples of the need to get traction for the accepted definition of “equity,” a term which nations agreed would guide a nation’s determination of its fair share of global emissions reductions needed to achieve global reduction needed to achieve legally required reductions. On the meaning of “equity” IPCC said;
There is a basic set of shared ethical premises and precedents that apply to the climate problem that can help put bounds on plausible interpretations of “equity” In the burden sharing context. Even in the absence of a formal globally agreed burden sharing such are important in expectations of what may be reasonably required of different actors. (IPCC, 2014, ARR5, pg 317)
IPCC went on to say that:
In these equity principles can be understood to comprise four key dimensions: responsibility, capacity, equality and the right to sustainable development (IPCC, 2014, AR5, WG3, CH 4, pg 317)
Notice total emissions in tons alone is not an acceptable criteria for determining equity. The failure to get some traction for the IPCC definition of “equity” has predictably been an invitation to opponents of climate change policies to scheme against the public interest. For interest, President Trump justified his US withdrawal from the Paris Agreement on the basis it was unfair to the US. Yet the Paris Agreement allowed nations to determine what equity required of them. Also predictably those opposed to climate change policies frequently opposed proposed US targets on the basis that China had not adopted a target of the same or greater magnitude claiming that China is a larger in terms of tons. These opponents of US emissions targets appeared to be unaware that the US historical emissions and per capita emissions are greater than China’s and per capita and historical emissions are recognized under the IPCC as valid considerations for determining equity making the US under the concept of equity more responsible for percentage reductions than China,
State and subnational governments
In the United States, state governments control a significant amount of the nation’s GHG emissions. The following chart depicts that 10 US States are responsible for half US ghg emissions.
Ecosystem Marketplace
Each level of government controls some activities that produce ghg emissions that other levels don’t control. For instance, US states exercise control over some aspects of land use, some forms of public transportation, building codes, and electric power generation that the federal government doesn’t control. Thus, there is a need for all levels of government to adopt climate policies if a national government is going to achieve its ghg reduction obligations.
In this author’s experience most US residents of subnational governments are rarely aware that emissions from the subnational government are contributing to raising atmospheric GHG concentrations globally and therefore by their failure to reduce the GHG emissions from the subnational government to zero, they are contributing to harms around the world such as those that are causing refugees.
This author served for a few years as lead staff responsibility on climate issues in the Office of Chief Council for the Pennsylvania Department of Environmental Resources Pa DER after he returned to PA DER from EPA in June of 1998.
Shortly after I returned the Pennsylvania Department of Environmental Protection I briefed the DEP Secretary that the science of climate change was very strong and the world needed all levels of governments including states to reduce greenhouse gas emissions. The secretary, authorized me and a deputy secretary to begin a conversation with fossil fuel interests to get their ideas about how we might proceed. Several weeks later we met with a representative of the coal industry who brought a representative of the coal miners union. As we explained that we would like to begin a conversation with fossil fuel interests on what the state could productively do to reduce PA GHG emissions, we didnt get far into the conversation when the representative of the coal industry said don’t you dare begin this. This is none of your business. This meeting took place on a Thursday and when I returned to the office on Monday I was informed by Deputy Sec. that the state had been notified that the coal industry had activated members of the Pennsylvania Senate Coal Caucus who promised that if DER even began the a process to lower Pa GHG emissions, the PA senators would seek to cut the DEP budget. And so I was told the plan to organize a conference had been postponed indefinitely.
One of my initial assignments for Pa DER on climate change was to monitor a cap and trade program that was under development among ten northeastern states. This state regional climate change program was referred to as the regional greenhouse gas inventory or RGGI. The states began RGGI negotiations in 2003 at the prompting of the New York governor George Pataki. After attending several RGGI negotiations and reporting back to PA DER management, it became clear that there was no appetite at that time in Pennsylvania for a greenhouse gas cap and trade program because it was explained to me by state officials that “Pennsylvania was a coal state.” Although Pennsylvania finally joined RGGI in April of 2022, it is still an open question whether regulations that Pennsylvania will need to implement RGGI and achieve GHG emissions reduction goals recently announced by Governor Wolf will survive the regulatory process which provides numerous opportunities for the fossil fuel industry to block regulations. In addition, the almost 20 year delay in reducing Pa GHG emissions has made the problem worse for reasons that those who don’t understand certain features of climate change that make it different than other domestic environmental problems wont initially understand. See,
During hearings in the Pennsylvania legislature over the next decade on potential state legislation that would reduce Pa GHG emissions, hearings were increasingly dominated by testimony of climate skeptics who sometimes spread odious disinformation. See D. Brown 2019, Climate Change Disinformation Comes to Pennsylvania.
Making matters worse because most of hearings were in the Pennsylvania House of Representatives run by a legislator who was a very vocal climate change skeptic the hearings were not a forum for serious considerations of the merits of both sides of the issues in contention. And the legislative hearings that I attended there was no considerations of the immense harms from Pennsylvania GHG emissions to the rest of the world nor serious counter arguments to the skeptics claims challenging the scientific consensus position articulated by IPCC. This phenomenon is evidence that the climate change disinformation campaign has worked among a large percentage of US citizens and legislators. One extraordinary example of this is the failure to consider why the consensus view that has been adopted by all IPCC nations in regard to warming caused by human activities has failed to take hold. This is evidence that the odious climate change disinformation campaign achieved some of its goals.
I ended my presentation to the UNESCO Egyptian event, with the claim that the failure to get traction for the ethical rules that nations agreed would guide the government’s response to climate change was because the fossil fuel disinformation campaign has largely worked. The ruthless scheming of the fossil fuel funded disinformation campaign was the major reason why some governments have been failing to reduce GHG emissions as required by law and ethical principles.
Although this is particularly a problem in the US, research that I and several colleagues from Australia an New Zealand working with colleagues from around the world examined policies in 14 countries concluded that this is a problem in some other countries and in some of these countries the disinformation campaign tactics originally developed in the US were used to weaken the nation’s responses to climate change. (Brown, Taylor, eds, 2015, Ethics and Climate Change, A Study of National Commitments, IUCN))
Because I was on record for strongly critically examining US climate policy through an ethical lens, I was surprised when the G. W. Bush State Department in 2009 invited me to make a presentation on climate ethics to the Scottish legislature as they were debating a national GHG emissions target.
When I arrived at the Scottish Parliament Building in Edinburgh, the debate was already underway with one parliamentarian arguing that Scotland should set a tough target because Scotland owed it to the rest of the world. This was an argument I never heard in the US but an argument which I believed was ethically required and practically needed. It is also required by the “no harm” principle which all countries agreed to in the Preamble of the 1992 Climate Convention. (UNFCCC, 1992, Preamble)
Shortly thereafter Scotland set a target of net zero GHG emissions by 2045.
Donald A. Brown
References,
Brown. D., Taylor P. eds. 2015, ,Ethics and Climate Change, A Study of National Commitments, IUCN
(COP 2021 ) Center for American Progress, Climate Deniers in Congress.center for 117
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.
5. No 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 CO2accumulating in the atmosphere is from fossil fuel combustion because of its chemical isotope, (4) determined that the CO2accumulating 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.
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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.
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).
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 Agreement, Carbon & Climate Law Review, Vol 12, (2018) Issue 2, Pg 98 – 108, https://doi.org/10.21552/cclr/2018/2/
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
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/
This article explains the first two of several issues that citizens need to understand to evaluate appropriate national responses to climate change after the Paris Agreement. Although the mainstream media in the United States and other developed countries has widely reported on some aspects of the Paris Agreement, this series will describe important issues that are largely being ignored by press coverage of the Paris deal.
The first issue is why a 25-year delay in responding to increasingly stronger scientific warnings of the danger of human-induced climate change has made the problem much more threatening. The second is the urgency of the need for hard-to-imagine action to dramatically reduce greenhouse gas (ghg) emissions at all scales, that is globally, nationally, and locally, but particularly in high-emitting nations such as the United States in light of the limited amount of ghgs that can be emitted by the entire world before raising atmospheric ghg concentrations to very dangerous levels and in light of the need to fairly allocate ghg emissions reductions obligations around the world.
Media in the US has accurately reported on some positive aspects of the Paris deal including:
a. 186 nations have made commitments to reduce the threat of climate change although nations conceded in Paris that current commitments need to be upgraded to prevent dangerous climate change.
b. All nations agreed to limit the increase in global average temperatures to “well below 2 °C above pre-industrial levels” – the level beyond which scientists believe the Earth will likely begin to experience rapid global warming and to “pursue efforts to limit the temperature increase to 1.5 °C above pre-industrial levels”, a warming amount which may also cause serious global harms particularly to many poor, vulnerable nations. Also the Paris Agreement says by the second half of this century, there must be a balance between the emissions from human activity such as energy production and farming, and the amount that can be captured by carbon-absorbing “sinks” such as forests or carbon storage technology.
c. All countries agreed to submit updated plans that would ratchet up the stringency of emissions by 2020 and every five years thereafter.
d. Nations agreed to report to each other and the public on how well they are doing to implement their targets and to track progress towards the long-term goal through a robust transparency and accountability system.
e. Developed countries agreed to provide funding to help developing countries make the costly shift to green energy and shore up their defenses against climate change impacts like drought and storms and rich nations must report every two years on their finance levels — current and intended. The document refers $100 billion a year that rich countries had previously pledged to muster by 2020 as a “floor”. Under the new agreement the amount must be updated by 2025.
The Paris Agreement has been widely and accurately portrayed in the mainstream media as creating a policy framework that has the potential to reduce the threat of climate change if nations greatly step up to what they have committed to do. (This framework could have been tightened by including more specific language on several issues proposed by some countries but rejected by others on such matters as human rights, losses and damages, legal effect of the agreement, and financing of adaptation among others, yet the framework includes provisions that these issues can be considered in the years ahead.) However, the enormity of the challenge facing humanity from climate change and the special responsibilities of high-emitting developed nations in particular has not been covered in the mainstream press at least in the United States.
II. The Urgency and Enormity of the Need to Reduce GHG Emissions
Although the mainstream media has widely reported on the fact that the national ghg emissions reductions that were made before the Paris COP are not sufficient to limit warming to 2 degrees C, the media, at least in the United States, has been largely failing to report on the urgency and enormity of the need to rapidly reduce ghg emission globally and how further delays in taking action will dramatically make the problem much more threatening.
Looking at the delay caused by the climate change policy opposition in the United States is illustrative of the harm caused by political opposition to climate change policies worldwide.
The above illustration depicts, in a very abbreviated and sketchy form, that as the scientific evidence of the threat from human-induced climate change became stronger over a 40-year period and as the US political opposition to climate change policies successfully fought to prevent the adoption of robust US climate policies, the atmospheric concentration of CO2 rose from below 320 ppm (parts per million) to current levels of over 400 ppm. (For a much more rigorous analysis of the role of the climate change policy opposition in US climate policy formation see Brown 2002, chap 2 and Brown 2012, chap 2 and numerous articles on this website under the category of “disinformation campaign.”)
The rise in atmospheric CO2 levels is, of course, not only attributable to the US ghg emissions, yet the United States has played a major blocking role in preventing international action on climate change up until the recent more constructive role of the Obama administration which recently made commitments before the December Paris meeting to reduce US CO2 emissions by 26% to 28 % by 2025 below 2005 levels. However these new US commitments have not yet been implemented in the United States, and even if fully implemented still don’t represent the US fair share of safe global emissions (see report on US INDC. The US commitment, because it is based on a 2005 baseline, masks the fact that is only a mere 13-15 per cent below 1990 levels by 2025, the baseline used by most of the world. For a discussion of the problems with the Obama administration commitment see report Captain America)
Furthermore, the Obama administration’s commitments still face strong opposition from the US climate change political opposition and are very likely to be rejected if a Republican becomes the next US President in 2016. Furthermore as long as US ghg emissions are exceeding the US fair share of safe global emissions, US ghg emissions are making the already very perilous climate change threat worse.
A detailed description of the climate change disinformation campaign that is responsible for much of the political opposition that has been largely responsible for the over 25-year US delay in responding to the scientific warnings about the threat of climate change is beyond the scope of this article but has been extensively discussed on this website under the category of “disinformation campaign.”
To fully understand the nature of the harm caused by this delay it is necessary to understand the policy implications of a “carbon budget” that must limit global emissions to avoid dangerous warming levels. .
To understand the policy implications of a carbon budget it is helpful to see the atmosphere as like a bathtub to the extent that it has limited volume and has been filling up with ghg so that atmospheric concentrations of CO2 have been rising in proportion to human activities which release ghgs.
CO2 levels remained relatively stable for 10,000 years before the beginning of the industrial revolution at approximately 280 ppm (the lower line in the bathtub). Human activities have been responsible from elevating CO2 atmospheric concentration levels to the current concentration of approximately 400 ppm (the second line from the bottom of the tub). Although there is considerable scientific evidence that limiting warming to 1.5 degrees C is necessary to prevent very dangerous warming, a fact implicit in the recent Paris Agreement in which nations agreed to work to keep warming as close as possible from exceeding 1.5 degrees C additional warming, if the international community seeks to limit warming to 2 degrees C it must assure that global emissions do not exceed the number of tons of CO2 emissions that will raise atmospheric concentrations to levels that will cause warming of 2 degrees C. This number, that is the number of tons of CO2 emissions that can be emitted before atmospheric concentrations exceed levels that will cause dangerous climate change, is what is meant by a carbon budget.
This illustration, using figures from the most recent 2014 IPCC report, depicts that because only 800 gigatons of CO2 can be emitted by humanity before creating a 66% probability that a 2 degree C warming limit will be exceeded and humans have by 2011 already emitted 530 gigatons of CO2, there are only 270 gigatons of CO2 that may be emitted after 2011 to limit warming to 2 degrees C. (For a more detailed explanation of these figures see, Pidcock 2013)
The enormity of the challenge for the international community to keep warming from exceeding dangerous level can be understood by the fact that the remaining carbon budget is so small, that is approximately 270 gigatons of CO2, and current global ghg emissions are in excess of 10 gigatons per year and still rising, which means that even if the international community could stabilize global CO2 emissions levels there would be nothing left to allocate among all nations in 23 years. This grim fact is even bleaker if the international community concludes that it should limit warming to 1.5 degrees C, a conclusion that might become more obvious if current levels of warming start to make positive feedbacks visible in the next few years such as methane leakage from frozen tundra or more rapid loss of arctic ice.
The concept of the carbon budget explains why waiting to reduce ghg emissions levels to a certain percentage in the future is more harmful than rapid reductions earlier because the longer it takes to reduce emissions the more the remaining budget is consumed. For this reason, a joint research project between Widener University Commonwealth Law School and the University of Auckland recommended in Paris that national climate commitments be stated in tons of emissions over a specific period rather than percent reductions by a given date because waiting to the end of specific period to achieve percent reductions will cause the total tons of ghg emitted to be higher than if reductions are made earlier.
The enormous significance of the carbon budget can be seen from the following chart prepared by the Global Commons Institute.
The illustration depicts the enormity and urgency of global emissions reductions that would be necessary to limit warming to 1.5 or 2.0 degrees C given the steepness of the reductions curves necessary to limit warming to 2.0 degrees C with a 50% probability (the red dotted line), 2.0 degrees C with a 66% probability (the blue dotted line), and 1.5 degrees C (the green dotted line). The steepness of these curves superimposed on actual national ghg emissions levels is an indication of the enormity of the challenge for the international community because the emissions reduction curves are much steeper than reductions that can be expected under projections of what current national commitments are likely to achieve if fully implemented. The steepness of these reductions curves is somewhat controversial because any calculation of a carbon budget which determines the steepness of the the needed reduction curve must make assumptions about when positive feedbacks in the climate system will be triggered by rising temperatures, yet these controversies are reflected in giving different probabilities about the likelihood of achieving a specific warming limit. Yet even carbon budgets which have been discussed in the carbon budget literature which have assumed lower amounts of positive feedback yield very. very steep reduction curves.
The enormous increase in the magnitude of the challenge that has been caused by delay given the limited carbon budget can be seen from a recent statement of Jim Hansen who said that “the required rate of emissions reduction would have been about 3.5% per year if reductions had started in 2005 and continued annually thereafter, while the required rate of reduction, if commenced in 2020, will be approximately 15% per year. Without doubt every delay in reducing ghg emissions makes the problem more difficult and more expensive to solve. For this reason, all nations should aim to reduce ghg emissions as quickly as possible and any nation which opposes doing so on the basis of scientific uncertainty should be asked if the nation is willing to take full legal and financial responsibility for harms caused by any delay.
III. On the Additional Need to Make National GHG Emissions Allocations on the Basis of Equity
The above chart also helps explain the gross unfairness of requiring all nations to reduce by the same percentage reduction rates to achieve the globally needed emissions reductions because some nations are emitting at vastly higher per capita rates and some nations are responsible much more than others for raising atmospheric ghg concentrations to current dangerous elevated levels which are now in excess of 400 ppm CO2. .If each nation had to reduce their ghg emissions only to conform to the rates described in the reduction curves in the above chart despite their steepness, it would lead to grossly unfair results because of great differences among countries in per capita and historical emissions levels and urgent needs to increase energy consumption to escape grinding poverty in poor developing countries.
Per capita carbon levels by nations
The above chart gives some indication of huge differences in nations in per capita ghg emissions. If nations must reduce their ghg emissions by the same percentage amount, then such an allocation will freeze into place huge differences in per capita rights to emit ghg emissions into the atmosphere. If, for instance, the United States and India are required to reduce ghg emissions by the same percentage amount, for instance 90%, then the US per capita emissions of approximately 20 tons CO2 per capita would allow US citizens to emit CO2 at the rate of 2 tons per capita while the current India per capita emissions of approximately 1.8 tons per capita would mean that the Indian citizens could emit only at the rate 0.18 tons per capita even though India needs to dramatically increase its energy use to assure that hundreds of millions of people economically rise out of grinding poverty and India has comparatively done little to cause the existing problem. This result is clearly grossly unfair particularly in light of the fact that India has emitted far less tons of CO2 than most developed countries and therefore is less responsible for causing the existing problem than many developed nations. If some consideration for historical responsibility is not taken into account in allocating national responsibility for ghg emissions reductions, then those poor nations which have done very little to create the current threat of climate change will be required to shoulder a greater burden of needed global ghg emissions obligations than would be required of them if responsibility for the existing problem is not taken into account. As a result, although there are reasonable differences of opinion among nations about how to consider historical national ghg emission in determining national ghg emissions reductions allocations, including when, for instance, historical responsibility should be measured, almost all equity frameworks agree that prior levels of ghg emissions must have some consideration in national ghg allocations.There is also reasonable disagreement in the equity literature about what weight should be given to other matters that are widely considered to be valid considerations in determining fairness including the economic capability of rich countries to pay for ghg emissions reductions technologies and per capita considerations.
Yet unless fairness is taken into account in allocating national ghg targets necessary to prevent dangerous climate change, those nations who are mostly responsible for current elevated atmospheric ghg concentrations will not be held responsible for their past ghg emissions while nations who have done almost nothing to cause the rise of atmospheric concentrations will be held equally responsible for lowering emissions.
From the above illustration it can be seen that the United States and the EU are more responsible for raising atmospheric concentrations to current dangerous levels than than the rest of the world combined.
Many opponents of climate change policies argue that countries like the United States should not have to reduce their ghg emissions until China reduces its emissions by comparable amounts because China is now the largest emitter of all nations in terms of total tons, yet such an argument usually ignores the historical responsibility of countries like the United States which the following illustration reveals is more than twice as responsible for current elevated atmospheric ghg concentrations than China is. (For a discussion of the fact that there are both a strong ethical and legal arguments that explain why no nation may use the claim that it need not reduce its ghg emissions until other nations do so, see, Brown 2012 p 214 )
Although there is a difference of opinion in the “equity” literature about how to consider valid equity considerations including per capita, historical emissions levels, and the economic capabilities of nations to fiance non-fossil energies, all nations agree that national commitments about ghg emissions reductions must consider fairness.
For this reason the Paris Agreement calls for nations to reduce their ghg emissions “to reflect equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.” (Paris Agreement, Article 2)
In other words, the international community has agreed that national ghg emissions reductions commitments must be based on “equity” or “fairness.”
And so as a matter of international law under the Paris Agreement, national commitments to reduce ghg emissions must be based on achieving a warming limit as close as possible to 1.5 degrees C but no greater than 2 degrees C, a requirement often referred to as the level of “ambition” but national commitments also must be based on “equity” or “fairness.” Although there are some reasonable disagreements among many engaged in climate policy debates about what “equity” or “fairness” requires, all nations have agreed that their obligations to reduce ghg emissions must consider equity or fairness principles.
However, if high-emitting nations take the “equity” and “fairness” requirement seriously, they will need to not only reduce ghg emissions at very, very rapid rates, a conclusion that follows from the steepness of the remaining budget curves alone, but also they will have to reduce their ghg emissions much faster than poor developing nations and faster than the global reductions curves entailed only by the need to stay within a carbon budget.
Source, Global Commons Institute
The above illustration prepared by the Global Commons Institute shows that even if only one equity consideration is taken into account, in this case per capita fairness, the USA ghg emissions reductions must be much faster than the rest of the world. Other organizations who have made calculations of the US fair share of the remaining carbon budget using different equity factors have concluded that the US fair share of safe global emissions is even smaller than that depicted in the above chart. For instance the following illustration prepared by EcoEquity and the Stockholm Environment Institute shows that the US fair share of global emissions, making what the authors of the report claim are moderate assumptions of what equity requires, demonstrates that equity not only requires the US to reduce its emissions to zero quickly almost immediately but that US obligations to prevent a 2 degree C rise requires the US to substantially fund ghg emissions reductions in other countries by 2025 despite achieving zero emissions by 2020.
The above illustration, following the assumptions about what equity requires made by the authors of the report about how to determine US emissions reductions obligations, leads to the conclusion not only does the United States need to achieve zero carbon emissions by 2020, the US must reduce its emissions by -141% from 1990 levels by 2025. National Fair Shares. p 18. This is to be achieved, according to the report, by US financial support for reductions in developing countries .
Although national ghg emissions reductions commitments that have been evaluated by different organizations which have made different assumptions about how to calculate what equity requires of nations have come to different conclusions, most evaluations of national commitments made through an equity prism done before Paris concluded that even if they high emitting nations achieve net zero emissions by 2050, they will need, as a matter of equity and justice, to help pay the costs of emissions reductions in poor developing countries or finance technologies that will remove carbon from the atmosphere. The reasons for this are that the remaining carbon budget is so small, the per capita and historical emissions of high-emitting developed nations are so large compared to poor developing countries, and the financial resources of developed countries are so large compared to poor developing countries that equity considerations demand that the high-emitting nations financially help developing nations achieve their targets.
IV. Conclusion
Without doubt, if nations reduce their ghg emissions to levels required of them by ambition, that is levels required by conformance with a carbon budget necessary to assure that future warming is limited to 2 degrees C or 1.5 degrees C adjusted to also consider equity and fairness, the international community is faced with an extraordinarily daunting challenge. Moreover, any delay in meeting this challenge will make the problem worse.
The Paris Agreement created a framework for solving the climate problem, yet the post-Paris media has poorly covered the implications for nations of what sufficient ambition and fairness should be required of nations when they formulate national climate policies if very dangerous climate change is to be avoided. As a result, there appears to be little awareness of the huge damage that will likely be caused by further delay. The research report of Widener University Commonwealth Law School and the University of Auckland has revealed that there appears to be little awareness around the world about what ambition and equity requires of nations when they formulate national climate change policies. As a result the international community is not likely to respond with sufficient urgency and ambition unless greater awareness of the policy implications of the need to live within a carbon budget at levels required of nations because of equity and fairness considerations.
Because of this, perhaps the most important immediate goal of climate change policy proponents is to help educate civil society and governments about the need to move urgently to make extremely rapid decreases in ghg emissions whereever governments can and to the maximum extent possible in light of the policy implications of limiting national ghg emissions to levels constrained by a carbon budget and in response to what fairness requires of nations. .
References
Brown. D. (2002) American Heat: Ethical Problems with the United States Response to Global Warming, Roman Littelfield, Lantham Maryland
Brown. D. (2012) Climate Change Ethics: Navigating the Perfect Moral Storm, Routledge/Earthscan, Oxon, England
A joint research project of the University of Auckland and Widener University Commonwealth Law School has concluded that when most nations have formulated national climate change policies not only the nations, but also the NGOs and media in these nations, have failed to seriously consider equity, ethical, and justice considerations that should guide national climate change policy.
The project enlisted the support of 23 researchers from around the world to examine how 23 nations actually considered or ignored equity, ethics, and justice in formulating national climate change commitments. Each researcher answered the same 10 questions which sought to determine how equity, ethics, and justice considerations affected national policy formation on greenhouse gas emissions reductions targets and commitments and on funding adaptation, l,osses and damages in vulnerable developing countries. The nations studied in this project are: Argentina, Australia, Bolivia, Brazil, Canada, China, Fiji , India, Italy, Japan, Kenya, Mauritius, Netherlands, New Zealand, Peru, Russia, Samoa, South Africa, South Korea, Thailand, Uganda, United States of America, and Zimbabwe.
The research project has been motivated by the fact that climate change is a threat that screams for attention to be understood essentially as a problem of ethics and justice, an understanding which has profound significance for national climate change policy development but a fact which our research has concluded is largely being ignored by most nations.
The research project seeks to help deepen reflection by nations and civil society on national responses to climate change by examining national climate change policies through an equity, ethical and justice lens.
If nations fail to base their climate change policies on what equity, ethics, and justice require of them on mitigation of their greenhouse gas emissions and funding for adaptation, losses, and damages, then the global response to climate change will not likely be ambitious enough to avoid catastrophic climate impacts while deepening existing injustices in the world.
Although several organizations have created metrics to evaluate the national voluntary climate commitments, known as Independent Nationally Determined Contributions (INDCs), on the basis of equity, ethics and justice, this research project, by examining what actually happened at the national level when nations formulated their INDCs has uniquely identified important lessons about how equity, ethics and justice were actually considered or ignored that are the basis of recommendation to improve national compliance with what equity, ethics, and justice require of them. For instance, by looking at what actually happened at the national level in formulating INDCs, the project concluded, among other things, that:
(a) Almost all nations have actually based their INDC at least in part on economic self-interest rather than global ethical responsibility.
(b) Not only have most nations ignored equity, ethics, and justice in domestic development of INDCs, national media and NGOs in most countries have not criticized inadequate INDCs on the basis of equity, ethics and justice.
(c) Even nations that have given lip service to the need to develop INDCs that represent the nation’s fair share of safe global emissions, these nations have not explained how ethics and justice quantitatively influenced the formulation of the INDC and in most cases the INDC has actually been based on national economic self-interest.
(d) National explanations of their INDC often hide the actual basis for the weakness of the INDC and to determine the actual basis for the INDC one must understand the domestic forces which opposed more ambitious INDCs.
(e) In most countries there appears to be little understanding among civil society about what equity, ethics, and justice would require of the country in formulating its INDC particularly in regard to the practical implications of living within a carbon budget that would constrain global emissions so that atmospheric ghg concentrations remain below dangerous levels, and the need for the nation to limit its ghg emissions to its fair share of a carbon budget.
These are only a few of the lessons learned from the project. Following is a complete list of the 37 lessons learned and 21 recommendations that have been derived from the research project:
Lessons Learned
The following lessons have been learned by the project so far.
1. Some high-emitting nations have expressly stated that they will not adopt climate change policies that harm their economy – thus ignoring their obligations to others as a matter of ethics, justice, and international law. These nations include Australia, Canada, and New Zealand.
2. Any national ghg emissions reduction commitment is implicitly a position on two ethical questions, namely, first, what safe atmospheric ghg concentration level the commitment aims to achieve and, second, what equity framework or principles of distributive justice the percent reduction is based on. Despite this, no nation has explained quantitatively how its commitment is related to an atmospheric carbon budget or an equity framework.
3. Although some nations acknowledge that their climate policies should be guided by ethical principles, for instance, South Africa and Japan, even these nations have not expressly explained quantitatively how their commitments were guided by ethical principles and appear to have based their commitments on economic self-interest at least in part.
4. A few nations have acknowledged that their ghg emissions commitments need to limit warming to 2°C and be derived from a fair and equitable framework, yet even these nations have not explained how their specific emissions reduction commitments can be understood to be consistent with an emissions reduction pathway that will limit warming to 2°C. In fact, despite the almost universal acceptance by nations of the 2°C warming limit, the actual ghg emission targets and timetables chosen by almost all nations do not meet the levels of emissions reductions specified by IPCC as necessary to keep atmospheric concentrations below 450 ppm and thereby achieve the 2°C warming limit. As a result the world is currently on target to hit warming of 3.7°C by 2100.
5. Those developed nations that have acknowledged that they should act to limit warming to 2°C have not adopted emissions reduction targets at levels the IPCC recently concluded would be necessary to limit warming to 2°C – namely, of 25% to 40% by 2020.
6. All nations, including those nations that acknowledge that their policies must be based upon a fair share of a safe global emissions, appear to have actually based their emissions reduction commitment at least in part on national economic self-interest rather than global responsibility.
7. In some nations it is not possible to determine the actual normative basis for the +government’s commitment simply by examining what the national government claims is its normative justification. Instead, one must understand the arguments made against stronger national climate change policies made by those who have successfully opposed stronger climate action. For instance, the United States commitment is based upon what is currently achievable under existing law. In Russia references to international obligations are mere lip service as the national INDC has been based almost exclusively on national economic interest. In the United States, because stronger laws have been successfully blocked by opponents of strong climate change policies on the basis that stronger laws will harm the US economy, destroy specific industries, and destroy jobs, the actual US climate change policies are based upon US economic interests, a fact not clear from examining the statements of the US federal government alone.
8. Some non-Annex 1 countries including China and Mauritius claim that their non-Annex 1 status is justification for making no binding commitments to reduce their ghg emissions even though a substantial percentage of their population has very high income and high per capita emissions. For instance, China per capita emissions are 7.1 tons while the US is 16.4 tons per capita. However, 10% of Chinese have ghg per capita are well above 10 % of US citizens ghg per capita. China has more than 1.1 million millionaires and more people with wealth over 50 million than any country except USA. By 2018 China is expected to have 2.1 million millionaires. There is a huge consuming class in China on which the government is creating no expectations. One of the ethical issues raised by these facts is whether nations which may have much smaller national emissions reductions commitment obligations for the nation derived from an acceptable equity framework should nevertheless be expected to limit activities of individuals causing high levels of ghg emissions.
9. Some nations, including Australia and New Zealand, have expressly made their commitments to reduce climate change policies contingent on the willingness of other nations to make commensurate commitments thus implicitly claiming they have no obligation to reduce their emissions to their fair share of safe global emissions unless other nations do so. The justification for this approach is not stated in the national commitments and is ethically dubious.
10. NGOs who support stronger climate change policies in many nations, including those in Australia, Canada, and the United States, are failing to frame climate change issues on the basis of ethics, justice, and equity.
11. Several developing nations, including Bolivia, have asserted that they have no obligation to make commitments to reduce ghg emissions unless the costs of reductions are funded by developed nations without identifying an equity framework which justifies this conclusion. South Africa and other developing nations have made commitments while also claiming that some of their commitments are contingent on funding from developed nations without explaining why some of the commitments should be funded according to an equity framework to justify which part of their climate change policies must be funded by developed nations. For this reason developing nations need to take a position on an equity framework that would apply to all developing countries.
12. Bolivia claims that funding for mitigation and adaptation in developing nations should be understood as the climate “debt” of developed countries in response to their historical, high-level per capita, and failure to fund adaptation but has not offered an equity framework to operationalize this claim. Bolivia draws strongly and explicitly upon ethical justifications for requiring deep cuts in national ghg emissions by other nations, together with financial contributions and holistic mitigation and adaptation measures, capable of both reducing poverty and vulnerability to climate change – yet has not identified an equity framework that could be applied at the global scale.
13. Several countries, including Bolivia, Fiji, South Africa, Kenya, and Uganda, have asserted that domestic justice issues need to be considered to reduce domestic poverty in setting national climate policies although they have not offered an equity framework to operationalize this idea at the global scale. Their positions appear to argue that domestic justice obligations can trump global responsibilities.
14. Several developing countries have primarily considered ethics and justice issues in regard to how climate policies affect domestic justice considerations rather than global justice issues.
15. Bolivia has claimed that 6% of GDP of developed nations should be devoted to funding climate change needs in developing nations but has not explained the equity framework that supports this conclusion.
16. Most developing countries, including Bolivia, strongly support a “loss and damages” mechanism while some developed nations oppose this mechanism. The United States denies any responsibility for losses and damages in other countries.
17. Several countries, including Canada have made commitments to reduce ghg emissions but not adopted the regulatory programs needed to achieve their commitments.
18. Several governments including Canada, have domestic legal obligations to protect vulnerable minorities from climate change which they are not fulfilling.
19. Although meaningful local and regional climate change programs and strategies can be found in many nations, many national governments have done little or nothing to encourage local or regional governments to adopt policies that will limit ghg emissions even though for some
activities that cause ghg emissions in the nation only regional and local governments have legal authority to require lower emissions. For instance in the United States, local and state governments regulate aspects of transportation and land use not regulated by the federal government. Some national governments including Australia that have made weak INDCs for the nation, nevertheless contain local governments that have made aggressive ghg emissions reductions commitments.
20. Most nations have not created programs to encourage individuals to greatly reduce their carbon footprint.
21. Some developing countries have set meaningful ghg emissions targets including Mauritius and South Africa but depend on funding from developed nations to achieve some of the climate goals. South Africa, despite being a non-Annex 1 developing country, has acknowledged its status as the highest ghg emitter on the African continent and announced a voluntary emissions reduction target, the objective of which is to make a ‘fair contribution’ to keep global concentrations within the range required to keep within the 2°C warming limit. South Africa openly acknowledges the need to voluntarily respond to climate change despite being a poor developing country. Yet the actual emissions reduction target identified by South Africa does not explain how it is quantitatively linked to an atmospheric concentration goal that will achieve a warming limit or why its emissions reduction target represents South Africa’s fair share of safe global emissions. In fact, the South African target, because it is a commitment only to reduce emissions below business as usual expansion, allows for large increases in South African ghg emissions by 2020 and 2025 without explaining how these increases are consistent with a specific understanding of what equity requires.
22. No developed country has explained how their contributions to the major climate funds relate in any quantitative way to their obligations under the UNFCCC for adaptation, mitigation, or losses and damages.
23. Almost all nations need to increase awareness among citizens and the press of the policy significance of the ethical and justice dimensions of climate change.
24. In some high-emitting developed nations, including the United States, the media is utterly failing to cover the ethics and justice dimensions of national climate change commitments.
25. In the case of EU member states, the collective decision making process of the EU does not seem to have led to any greater ethical analysis at the national level for individual EU nations, including the Netherlands and Italy, when these nations set their emissions reduction targets.
26. A few developing nations , including South Africa and Uganda, recognize the need to take positive action on climate change because they recognize the need and the responsibility toward their own nationals.
27. Two national reports revealed some reference to the concept of contraction and convergence, but no nation is implementing this approach.
28. No developed nations deny responsibility for funding adaptation and loses and damages in poor vulnerable nations, but no nation has made an express link between their ethical responsibility for supporting adaption and compensation for losses and damages and what funds have been committed`. Adaptation contributions seem to be left to the largess or interests of individual nations, leaving them free to withdraw. Including Australia, or determine the scale and nature of contributions. Even when a nation is a major contributor to adaptation (e.g., Japan), its activity is not explicitly linked to its own emissions targets.
29. There was a noticeable absence of explicit use of the concept of climate justice by developed nations. In contrast, Bolivia is using the concept of climate debt to mean liability for historic and continuing emissions and failure to take mitigation and adaptation actions. As the Bolivian report details, Bolivia is the champion on climate justice with a highly developed and multi-faceted concept that includes demands for a compensation mechanism beyond provision for adaptation of developing states.
30. Some developing nations, for instance, Brazil have committed to increase resilience and adaptation responses.
31. Some developing nations including Brazil have encouraged local and regional climate change plans and strategies.
32. Some developing countries including Bolivia, for instance, have made significant commitments to increase non-fossil energy.
33. Bolivia has advocated the ‘Climate Justice Index’ which calculates each country’s ‘fair share’ of atmospheric space according to their; 1) historical responsibility since 1750; 2) ecological footprint; 3) development capacity; and 4) technological capacity. According to this methodology, Bolivia asserts that non-Annex I (developing) countries should have 89% of the remaining atmospheric budget, leaving Annex I (developed) countries with just 11%. However, Bolivia does not go into details about how the 89% of atmospheric space reserved for non-Annex I countries should be divided, nor what types of commitments each country would be responsible for given their positioning on the index.
34. Some national level NGOs (including several in India) have expressly examined national INDCs on the basis of ethics and justice but most have not.
35. In some countries (e.g., Australia), even when media coverage of INDCs considers justice, this coverage misleads citizens by comparing commitments to other nations without any analyses of how equity and justice considerations would allow differences between national commitments.
36. Some countries (including Australia) argue for the need to take economic considerations into account by arguing about the future demand for coal without fully explaining why larger investments in non-fossil fuel sources are impossible.
37. Some nations’, including Australia’s, commitments to the Green Fund have been taken from existing foreign aid budgets – thus providing no new funds that would represent the nation’s satisfaction of it is obligations to fund adaptation and resilience in vulnerable developing countries.
Recommendations
Recommendations on how to improve consideration of ethics and justice in policy formation in light of these lessons learned include:
1. All nations should be required to explain quantitatively how their emissions reductions commitments will achieve an acceptable warming limit and on what equity framework or principles of distributive justice their percent emissions reductions is based. For this reason, Intended Nationally Determined Contributions (INDCs) should 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.
2. There is an urgent need in most nations to raise public awareness of the ethical and justice issues entailed by climate change policymaking in general and ghg emissions commitments in particular. Along this line there are several issues in particular about which greater awareness is needed including greater public understanding of the ethical implications of any nation’s ghg emissions reduction commitment in regard to an atmospheric stabilization goal the commitment is seeking to achieve and the coherence or lack there of the national commitment to an acceptable equity framework.
3. An international mechanism under the UNFCCC is urgently needed that helps other nations and civil society to understand the lack of conformity of national ghg emissions targets with principles of ethics and justice. This mechanism should provide that any government’s positions on their climate change commitments can be questioned by other governments and NGOs in regard to the adequacy of the commitment to achieve a warming limit and the fairness of the reductions. This mechanism must also require governments to respond to these questions.
4. The media, NGOs, education institutions, academia, businesses and other social actors must all become involved in lifting both public awareness of the ethical and justice implications of national climate policy. In this regard media coverage that compares national commitments with other nations’ commitments without acknowledging that equity and justice considerations could lead to morally different emissions reductions should be avoided because these comparisons are potentially misleading
5. NGOs should justify their policy analyses and action recommendations on ethical grounds.
6. Nations should be required to explain how their commitments to fund adaptation and losses and damages in poor vulnerable nations link to their ethical obligations to provide funding. A mechanism to fund losses and damages in vulnerable countries is necessary.
7. Training for policy-makers, national politicians, and NGOs on the ethical issues inherent in climate change policy is urgently needed. Training is particularly needed to help all engaged in climate change policy formation to understand the links between INDCs, a warming limit, and an equity framework
8. Developing nations should adopt programs that will create ghg emissions limitations for high-emitting individuals and organizations even if equity and justice considerations don’t require that nations significantly reduce national ghg emissions.
9. National media need to significantly increase their coverage of how ethics, justice, and equity considerations should affect national climate change policies.
10. Developing nations that make commitments based upon funding from developed nations should be required to explain the equity framework that led to the claim for the contribution.In this regard claims of ecological debt should include explanation of the equity framework on which the equitable debt claim is based.
11. Nations who claim that duties for domestic justice trump global responsibilities should explain quantitatively how they reached this conclusion.
12. Nations who make ghg emissions reduction commitments should identify (to the extent practical) the regulatory programs or policies that will achieve the reductions.
13. Nations should develop a program encouraging local and regional governments to adopt climate change emissions reductions programs.
14. All governments should adopt programs that encourage individuals to reduce their carbon footprints to fair levels.
15. Where national commitments have been deduced from collective decision making – such as the case in the EU – nations should be required to explain the equity and justice basis for its national commitment.
16. Nations should explain domestic programs they have adopted on adaptation and resilience.
17. Developing countries that claim certain amounts of atmospheric space should be allocated to developing countries should explain their reasoning.
18. All nations should provide transparent processes to consult with citizens on national climate policies
19. Nations should be required to explain the fairness of their current and projected per capita emissions levels.
20. Nations who justify lower INDCs on the inevitability of the need for continuing fossil fuel use (including coal) should be required to explain what economic or technical consideration were assumed in implicit claims that greater uses of non-fossil fuel is impossible.
21. If a developed nation’s contribution to climate funds such as the Green fund are simply a shift of money from existing foreign aid funds, they should expressly admit to this while explaining why they have no ethical obligations to increase funding for adaptation and response in vulnerable nations.
By
Donald A. Brow
Scholar In Residence and Professor Deputy Director
Widener University Commonwealth Law School
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.
The World Resources Institute (WRI) has created a new very helpful website that allows visual comparisons of up to four nations at a time up and up to eight of 24 variables at a time relevant to determining what equity requires of nations in formulating their climate policies. The website is called Equity Tracker and is available at: http://cait2.wri.org/equity/
The above picture from the website demonstrates how one could visualize differences between nations on factors relevant to what equity requires of them and thereby understand why some nations must make much deeper cuts than others as a matter of equity and justice. This information could be very valuable in deepening citizen and government reflection on ethical, justice, and equity problems with national responses to climate change. As a matter of equity, for instance, the website help one quickly visualize why the United States must make deeper percentage cuts in its ghg emissions than India and the Democratic Republic of the Congo, not to mention China, for instance.
One minor criticism of the site is, however, in order. Although the website is very helpful to both help visualize and understand facts relevant to determinations of what equitable principles should guide national climate policy formation, particularly in regard to ghg emissions reduction targets, lamentably the site could be interpreted to leave the mistaken impression that equity could mean anything. In fact the site says that the meaning of equity “depends upon the lens through which one views it.” The site could be improved if it included a reference to the IPCC discussion in Chapters 3 and 4 of Working Group III’s recent report which, among other things, identifies ethical limitations of economic arguments about climate policies and only a limited number of considerations that should be considered in determining what equity means. For a summary of the IPCC conclusions on these issue see IPCC, Ethics, and Climate Change: Will IPCC’s Latest Report Transform How National Climate Change Policies Are Justified?. and Improving IPCC Working Group III’s Analysis on Climate Ethics and Equity, Second In A Series on this website.
The other idea one must understand to effectively criticize national ghg commitments is the policy implications of a carbon budget that must be maintained to limit warming to 2 degrees C. If a citizen understands the equity considerations and the extraordinary urgency of lowering global emissions to limit warming to 2 degrees C, then citizens can then effectively criticize their nation’s ghg emissions target. The following is one depiction of a carbon budget prepared by the Global Commons Institute with three different reductions pathways that make different assumptions about when global ghg emissions peak.
Editor’s Note: The following entry is by guest blogger, Dr. Idil Boran, from York University in Toronto, Canada. Dr. Boran has previously reported on equity and justice issues that arose in the recently concluded Bonn intercessional meetings of climate negotiations under the UNFCCC. This latest report was made at the conclusion of these negotiations during which almost no progress was made in defining equity under UNFCCC by the Ad Hoc Working Group on Durban Platform For Enhanced Action (ADP), a mechanism under the UNFCCC that seeks to achieve a adequate global climate agreement, despite a growing consensus among most observers of the UNFCCC negotiations that nations need to align their emissions reductions commitments to levels required of them by equity and justice if the world is going to prevent extremely dangerous climate change.
At the UN Climate Talks, Thinking About Equity May Require Understanding the Conditions of Mutual Trust
The UN Climate Conference held in Bonn, Germany, June 4-15, 2014, concluded in a generally positive tone. Much work has been done before COP 20 in Lima, where negotiators are expected to produce a fully written draft of the new agreement.
International talks on climate change have taken many twists and turns since the UNFCCC came into effect. In the current round of negotiations important shifts are occurring. As explained in a previous post, the new platform of negotiations favors the concept of global participation, where every nation is expected to do its part in some capacity. This is to replace the idea of common but differentiated responsibilities, which was the guiding principle of the negotiations in the Kyoto era. This principle was specially opted to capture a sense of equity within a binding global treaty. The current focus on global participation is to facilitate agreement and induce greater participation. But does this shift imply that the new agreement will have to make a compromise on the issue of equity?
Moral and political philosophers tend to think about equity in substantive terms, as claims about how to apportion the burdens and the benefits as part of a collective venture. The thinking is usually that of identifying an appropriate criterion of equity (a guiding principle) and then articulating an allocation of responsibilities from this criterion.
This way of thinking can be applied to many topics arising within the Framework Convention. Take, for example, the new issue at the heart of the multilateral negotiations: the Warsaw Mechanism on Loss and Damage associated with climate impacts in developing countries that are particularly vulnerable to the adverse effects of climate change. When the issue of loss and damage is raised, a standard approach that comes to mind is that of prescribing an allocation of the costs associated with loss and damage (human, economic, as well as non-economic costs) by a criterion of equity.
For example, historical accountability provides a morally powerful criterion. This is the idea that those who are historically responsible for the problem of climate change should provide the resources to deal with loss and damage. Ability to pay provides another criterion. Here the idea is that developed countries should take up the costs, simply because they are more wealthy. These arguments have been made for mitigation efforts, and they can also be made as new issues arise, such as the issue of an international mechanism on loss and damage.
But the reality is far more complex. However neat these substantive arguments are, they do not capture the layers of discussions that actually take place. In fact, most of the discussions regarding the Warsaw Mechanism, at this point in time, are not over substantive questions. They are focused on deciding on the rules and procedures, and the composition of the Executive Committee, whose mandate will be to develop the details of the mechanism. But the questions that arise at this procedural level are no less interesting. As discussions continue, developing countries who feel threatened by the effects of climate change will press for greater representation within the Committee, and developed countries, such as the United States and the E.U. will press more on the importance of securing the right team of experts regardless of country representation.
But why are developing countries vulnerable to the effects of climate change are pressing for more seats on the Committee? Clearly, when it comes to decisions made by the Executive Committee, they worry that their interests will not be taken into account, unless they secure greater representation.
So, it looks like there is a problem of trust that needs to be addressed at the heart of the deliberations. Within rightful conditions of collective decision-making, equitable terms of cooperation can be captured and agreed upon. And this is exactly what the new round of negotiations aims to achieve by 2015, with more flexibility conferred to countries in making their contributions to the climate effort. What remains to be done, then, is to work on the conditions that will promote trust between parties.
More than neat arguments from first principles, this may require specially talented people, with strong diplomatic skills working on the ground, who can foster a sense of building bridges, and a feel for working together on a global problem. This will also require the building of strong international institutions that put greater emphasis than ever on transparency, accountability, and governance.
At this juncture then, if equity is the concern, there are reasons to invest in understanding what, if at all, can generate more trust between parties at the UNFCCC. Figuring out what it takes to secure mutual trust is more an art than strict rational argumentation. It has something to do with creating a welcoming and inclusive atmosphere, as opposed to a hostile one where all hold their cards close to their chests. It therefore makes sense for academic researchers interested in the ethical, political, and legal aspects of climate talks to tune in to these dynamics.
As for the institutional structure of the UNFCCC, adopting the right institutional rules and procedures can help in fostering mutual trust. That’s why the new multilateral assessment and review processes under development are of special significance. So is the effort to agree on a common metric on emissions reduction, so to allow all parties to pitch in their contributions in a coherent way, and work together toward ratcheting them up in the future. This may not be a magic solution to the climate problem, but it can set the foundations of cooperation that’s not only equitable but durable too. If successful, it can set an important precedent.
That’s why all eyes will be on Lima in December 2014…
By:
Dr. Idil Boran. Associate Professor &
Director of the Certificate Program in Practical Ethics
Department of Philosophy, Faculty of Liberal Arts and Professional Studies
Core Faculty Member
Institute for Research and Innovation in Sustainability (IRIS)
Editor’s Note: As the international community seeks to negotiate a new climate treaty to be completed in Paris in 2015, negotiations have been taking place during the last two weeks in Bonn, Germany as one of the sessions on the road to Paris. Today’s guest blogger, Dr. Idil Boran, from York University in Canada has submitted the following report on progress in Bonn during the first week. A central issue of concern in these negotiations is the need of nations to take equity and justice seriously when they make ghg emissions reductions commitments and when considering their responsibility for adaptation, losses and damages in poor vulnerable countries. Among close observers of the negotiations and the science informing these talks, there is widespread agreement that there is little hope of keeping warming to tolerable levels unless high-emitting nations base their emissions reductions promises on what equity would require of them.
The Progression of Multilateral Talks on Climate Change and the Challenge of “Equity”: Notes from the UN Climate Conference in Bonn, June 2014
The June sessions of the United Nations Framework Convention on Climate Change (UNFCCC) is taking place in Bonn, Germany, June 4-15, 2014. This is one of the “intersessional” meetings that take place at various times during the year between the meetings of the Conference of the Parties (COPs) annually held at the end of each year.
This year’s intersessional meetings are of special importance, the June session currently under way being a critical one. This is because multilateral negotiations on climate change are on a track to reach a comprehensive and legally binding agreement by the 21st session of the Conference of the Parties (COP 21), to be held in Paris at the end of 2015. But more importantly, everything to be agreed upon at COP 21 must be drafted at COP 20 the year before, that is in December 2014. It is the present intersessional meeting – taking place in June in Bonn – where the hard work needs to be done, so that all the substantive recommendations can be presented, negotiated, and drafted in Lima. In this spirit, the UN Climate Change Conference convened on June 4 with determination to achieve as much as possible before Lima.
At this point in time, the negotiations are at an important juncture. The goal for the international community is to draw lessons from the Kyoto Protocol era, and to articulate the terms of an entirely new system of cooperation for the Post-Kyoto era. In other words, the goal is to avoid the weaknesses of the Kyoto Protocol.
Given that the Kyoto Protocol was motivated by a well-defined conception of equitable distribution of responsibility, many questions arise at this juncture over how equity will be defined within the new agreement. Equity has always been central to multilateral negotiations on climate change. This makes sense for many reasons. First, climate change is expected to affect lives in important ways. Second, the way in which people’s lives will be affected is expected to be more severe in some places than others. Third, climate change is a phenomenon that is associated with human activity, which has been going on for some time and which is intertwined with economic development and growth. For these reasons alone, it becomes obvious to anyone with a sense of fairness that – to the extent that the international community is to cooperate on addressing the effects of climate change – the terms of cooperation ought to be fair.
The terms of cooperation set by the Kyoto Protocol were devised in light of the principle of “common but differentiated responsibilities”. Given that industrialized nations are responsible for the problem of climate change, the idea was to adopt an allocation of responsibilities that requires developed nations to take up the bulk of the burden. This gave rise to roughly two categories of nations: those who are to assume the costs of curbing climate change by contrast to those who are not expected to do much. But this structure also became highly divisive and unable to generate agreement and compliance, which is desperately needed for action on climate change to be effective.
As part of the new rounds of negotiations, the UNFCCC adopted the Durban Platform for Enhanced Action at COP 17 in Durban in 2011, where negotiations were put on an ambitious track to work out the details of an entirely new international agreement by 2015. When it was first put in place, the Durban Platform did not include too many substantive decisions, for the objective was to allow the terms of international cooperation to be discussed and decided upon through negotiations from 2012 to 2015. The single prior decision that was made, however, was the rejection of the principle of “common but differentiated responsibilities” and the adoption of a principle of “universality” instead, as the central guiding principle of a post-Kyoto agreement. On this principle, all nations are to contribute to the cooperative scheme on climate change in some capacity. This shift gave the international community the opportunity to have a fresh start and to rethink the terms of cooperation on a (relatively) clean slate.
Additionally, the new international agreement under negotiation is one that is expected to have a richer composition than the Kyoto Protocol. The Kyoto Protocol was focused exclusively on mitigation through reduction of emissions. The new agreement is expected to have both a mitigation component and an adaptation component. Within the adaptation component, an International Mechanism on Loss and Damage associated with climate change impacts in developing countries vulnerable to the effects of climate change is being negotiated as well. This is an entirely novel issue under negotiations, and one with important implications for the philosophical, legal, and ethical aspects of international cooperation. In short, this broader range of issues adds significant dimension to the talks. The principle of “universality” may well be more suitable for this new round of negotiations, as the allocation of responsibility may need to be customized to each specific issue.
Contrary to what might seem at first blush, the principle of “universality” need not require every nation to assume exactly the same amount of costs and responsibilities for a given issue. So far, no one has suggested that. Negotiators are discussing how to achieve equitable conditions within a system of cooperation for each issue. Take the discussions on the Warsaw International Mechanism on Loss and Damage, adopted recently in Warsaw in November 2013. As the issue is still in its earlier stages, the discussions are mostly over procedural matters at this point. But the question of equity arises nevertheless, and remains a central concern. For example, representatives of countries that are particularly vulnerable to the threat of loss and damage associated with the adverse effects of climate change, such as the members of the Alliance of Small Island States (AOSIS), want to see greater representation of these countries in the decision-making body. There is an equity argument that motivates this request. A competing argument is that the advisory and decision-making bodies on this matter will secure more appropriate decisions if they are composed of members with the appropriate expertise, which may or may not align with regional or national affiliations. This argument, which is also motivated by a sense of justice, suggests that the expert-based composition will be conducive to decisions that would maximize the benefits to those whose interests are at stake.
How the discussions will unfold is yet to be seen, but the general parameters of the negotiations are such that equitable terms are to be discussed and tailored. The concept of “equity” is neither a monolithic nor an inert concept. It often needs to be formulated from within the concrete circumstances that make it relevant. Sometimes, equitable conditions devised for specific circumstances can become obsolete if circumstances change, and may need to be rethought and reformulated. Seen in this way, equity is not lost in this new round of negotiations, it is being worked out as new issues arise. Since any decision coming out of these negotiations will set precedents for future debates on international relations, it is important that the international community take the time to think through, and to carefully consider various (and sometimes conflicting) arguments, leaving no stone unturned.
The advantage of the present round of negotiations is that there is a general motivation to advance the debates in a productive way, and to reach a genuinely effective and mutually acceptable agreement. How the talks will unfold in the second week of the June session at the UNFCCC will set the tone for the Conference of the Parties (COP 20) in Lima. And for anyone interested in the philosophical, legal, and ethical dimensions of public policy and international cooperation, a close examination of the dynamics of the negotiations is worthwhile.
By:
Idil Boran.
Associate Professor &
Director of the Certificate Program in Practical Ethics
Department of Philosophy, Faculty of Liberal Arts and Professional Studies
This is the second in a three part series examining the ethical and justice issues discussed by the IPCC Working Group III in its 5th Assessment Report (AR5) . In the first entry in this series we concluded that although the recent IPCC AR 5 Working Group III report is laudable improvement over prior IPCC reports in regard to identifying ethical and equity issues that should be considered in developing climate change policy, some criticisms are also warranted of how IPCC has articulated the significance and implications of the ethical, justice, and equity principles that should guide nations in developing climate change policies.
In short, we will argue improvement is possible in how IPCC deals with ethics, justice, and equity issues entailed by climate change policy-making despite very significant improvements on these matters in the AR5 report compared to prior IPCC reports.
In this entry we will examine several preliminary ethical and justice issues raised by the new IPCC Working Group III Chapter 3, on Social, Economic, and Ethical Concepts. The last entry will continue the examination Chapter 3 and then turn to Chapter 4 on Sustainable Development and Equity.
As a preliminary matter, one of the challenges that IPCC faces in its mandate on of ethics and justice issues relevant to climate change policy-making is that it is not IPCC’s role to be prescriptive in deciding what governments should do. It’s mandate is to synthesize the extant social-economic and scientific literature for policy-makers. In this regard, the IPCC chapter on ethics said expressly:
This chapter does not attempt to answer ethical questions, but rather provides policymakers with the tools (concepts, principles, arguments, and methods) to make decisions. (IPCC, 2014.WG III, Ch. 3, pg. 10)
And so it is not IPCC’s role to do ethical analyses of policy issues that raise ethical questions. IPCC can, however, distinguish between prescriptive and descriptive questions that arise in relevant socio-economic literature about climate policy-making, identify important ethical and justice issues that arise in this literature, where there is a consensus on ethics and justice issues in the relevant literature describe the consensus position, where there is no consensus on ethical and justice issues describe the range of reasonable views on these issues, and identify hard and soft law legal principles relevant to how governments should resolve ethical and justice issues that must be faced by policy-makers.
There are several subjects in climate change policy-making which raise important ethical and justice issues. They include policy judgements about:
how much warming will be tolerated, a matter which is implicit but rarely identified when nations make ghg emissions reduction commitments,
any nation’s fair share of safe global emissions, matters which are referred to by the IPCC usually as burden-sharing or effort-sharing considerations and a matter taken up in chapter 4 of IPCC, Working Group III chapter on sustainability and equity,
any nation’s responsibility for funding reasonable adaptation and compensation for losses and damages for those who are harmed by climate change,
when a nation is responsible for its ghg emissions given differences in historical and per capita emissions among nations,
responsibility for funding technology transfer to poor nations,
how to evaluate the effects on and responsibilities to others of climate change technologies that are adopted in response to the threat of climate change, including such technologies as geo-engineering or nuclear power, for instance,
who has a right to participate in climate change policy-making, a topic usually referred to under the topic of procedural justice,
the policy implications of human rights violations caused by climate change,
the responsibility of not only nations but subnational governments, entities, organizations, and individuals for climate change,
when economic analyses of climate change policy options can prescribe or limit national duties or obligations to respond to the threat of climate change,
ethical and justice implications of decisions must be made in the face of scientific uncertainty,
whether action or non-action of other nations is relevant to any nation’s responsibility for climate change,
how to spend limited funds on climate change adaptation,
when politicians may rely on their own uninformed opinion about climate change science,
who is responsible for climate refugees and what their responsibilities are.
On some of these issues, the recent IPCC report included a good summary of the extant ethical literature, on other issues important gaps in IPCC’s analysis can be identified, and lastly on a few of these issues, IPCC Working Group III is silent. IPCC reports cannot be expected to be exhaustive on these matters and therefore gaps and omissions in the IPCC reports in regard to ethics and justice issues relevant to policy-making is not necessarily a criticism of IPCC and is here pointed out only for future consideration. In fact, IPCC’s work on the ethical limits of economic arguments is a particularly important contribution to the global climate change debate. What is worthy of criticism, however, is if IPCC’s conclusions on guidance for policy-makers is misleading on ethics and justice issues.
II. Ethical Issues Raised by Economic Arguments About Climate Policy
Perhaps the most important practical ethical and justice issues raised by Working Group III’s work on ethics is its conclusions on the ethical and justice limitations of economic analyses of climate change policy options. This topic is enormously practically important because nations and others who argue against proposed climate change policies usually rely on various economic arguments which often completely ignore the ethical and justice limitations of these arguments (In the case of the United States, see Brown, 2012.) Because most citizens and policy-makers have not been trained in spotting ethically dubious claims that are often hidden in what appear at first glance to be “value-neutral” economic arguments, IPCC’s acknowledgement of the ethical limitations of economic arguments is vitally important. It is also practically important because the first four IPCC reports, although not completely ignoring all ethical and justice problems with economic arguments about climate change policies, failed to examine the vast majority of ethical problems with economic arguments against climate change policies while making economic analyses of climate change policies the primary focus of Working Group III’s work thereby leaving the strong impression that economic analyses, including but not limited to cost-benefit analyses, is the preferred way to evaluate the sufficiency of proposed climate change policies. On this matter, the AR5 report has made important clarifications.
The AR5 III report included a section on this very issue entitled: Economics, Rights, and Dutieswhich we reproduce here it its entirety because of its importance to this discussion, followed by comments in bold italics:
Economics can measure and aggregate human wellbeing, but Sections 3.2, 3.3 and 3.4 explain that wellbeing may be only one of several criteria for choosing among alternative mitigation policies.
Other ethical considerations are not reflected in economic valuations, and those considerations may be extremely important for particular decisions that have to be made. For example, some have contended that countries that have emitted a great deal of GHG in the past owe restitution to countries that have been harmed by their emissions. If so, this is an important consideration in determining how much finance rich countries should provide to poorer countries to help with their mitigation efforts. It suggests that economics alone cannot be used to determine who should bear the burden of mitigation.
What ethical considerations can economics cover satisfactorily? Since the methods of economics are concerned with value, they do not take into account of justice and rights in general. However, distributive justice can be accommodated within economics, because it can be understood as a value: specifically the value of equality. The theory of fairness within economics (Fleurbaey, 2008) is an account of distributive justice. It assumes that the level of distributive justice within a society is a function of the wellbeings of individuals, which means it can be reflected in the aggregation of wellbeing. In particular, it may be measured by the degree of inequality in wellbeing, using one of the standard measures of inequality such as the Gini coefficient (Gini, 1912), as discussed in the previous section. The Atkinson measure of inequality (Atkinson, 1970) is based on an additively separable social welfare function (SWF), and is therefore particularly appropriate for representing the prioritarian theory described in Section 3.4.6 . Furthermore, distributive justice can be reflected in weights incorporated into economic evaluations as Section 3.6 explains.
Simply identifying the level of inequality using the Gini Index does not assure that the harms and benefits of climate change policies will be distributed justly. For that a theory of just distribution is needed. The Gini index is also at such a level of abstraction that it is very difficult to use it as a way of thinking about the justice obligations to those most vulnerable to climate change. Even if there is strong economic equality in a nation measured by the Gini index, one cannot conclude that climate change policies are distributively just.
Economics is not well suited to taking into account many other aspects of justice, including compensatory justice. For example, a CBA might not show the drowning of a Pacific island as a big loss, since the island has few inhabitants and relatively little economic activity. It might conclude that more good would be done in total by allowing the island to drown: the cost of the radical action that would be required to save the island by mitigating climate change globally would be much greater than the benefit of saving the island. This might be the correct conclusion in terms of overall aggregation of costs and benefits. But the island’s inhabitants might have a right not to have their homes and livelihoods destroyed as a result of the GHG emissions of richer nations far away. If that is so, their right may override the conclusions of CBA. It may give those nations who emit GHG a duty to protect the people who suffer from it, or at least to make restitution to them for any harms they suffer.
Even in areas where the methods of economics can be applied in principle, they cannot be accepted without question (Jamieson, 1992; Sagoff, 2008). Particular simplifying assumptions are always required, as shown throughout this chapter. These assumptions are not always accurate or appropriate, and decision‐makers need to keep in mind the resulting limitations of the economic analyses. For example, climate change will shorten many people’s lives. This harm may in principle be included within a CBA, but it remains highly contentious how that should be done. Another problem is that, because economics can provide concrete, quantitative estimates of some but not all values, less quantifiable considerations may receive less attention than they deserve.
This discussion does not adequately capture serious ethical problems with translating all values into monetary units measured by willingness to pay or its surrogates nor that such transformation may greatly distort ethical obligations to do no harm into changes in commodity value.
The extraordinary scope and scale of climate change raises particular difficulties for economic methods (Stern, forthcoming). First, many of the common methods of valuation in economics are best designed for marginal changes, whereas some of the impacts of climate change and efforts at mitigation are not marginal (Howarth and Norgaard, 1992). Second, the very long time scale of climate change makes the discount rate crucial at the same time as it makes it highly controversial (see Section 3.6.2 ). Third, the scope of the problem means it encompasses the world’s extremes of wealth and poverty, so questions of distribution become especially important and especially difficult. Fourth, measuring non‐market values—such as the existence of species, natural environments, or traditional ways of life of local societies—is fraught with difficulty. Fifth, the uncertainty that surrounds climate change is very great. It includes the likelihood of irreversible changes to societies and to nature, and even a small chance of catastrophe. This degree of uncertainty sets special problems for economics. (Nelson, 2013) (IPCC, 2014.WG III, Ch. 3, pg. 12-13)
Again this discussion does not adequately describe the ethical problems with economic determinations of all values. In fact it leaves the impression that if non-market values can be discovered the problems of transforming all values to commodity values are adequately dealt with.
Chapter 3, also includes additional statements about the ethical limits of economic reasoning sprinkled throughout the chapter. They include:
1. Most normative analyses of solutions to the climate problem implicitly involve contestable ethical assumptions.(IPCC, 2014. WG III, Ch. 3, pg.10)
2. However, the methods of economics are limited in what they can do. They can be based on ethical principles, as Section 3.6 explains. But they cannot take account of every ethical principle. They are suited to measuring and aggregating the wellbeing of humans, but not to taking account of justice and rights (with the exception of distributive justice − see below), or other values apart from human wellbeing. (IPCC, 2014.WG III, Ch. 3, pg. 24)
And so Chapter 3 of the IPCC report contains a number or clear assertions about the ethical limitations of economic arguments. However there are important gaps missing from this analysis. Also several sections of Chapter 3 that can be interpreted as claims that policy makers are free to choose economic reasoning as justification for climate policies. That is, some of the text reads as if a policy-maker is free to choose whether to base policy on economic or ethical and justice considerations, choosing between these two ways of evaluation is simply an option. Some of these provisions follow with responses in italics
Chapter 3 page 6 says:
Many different analytic methods are available for evaluating policies. Methods may be quantitative (for example, cost‐benefit analysis, integrated assessment modeling, and multi‐criteria analysis) or qualitative (for example, sociological and participatory approaches). However, no single best method can provide a comprehensive analysis of policies. A mix of methods is often needed to understand the broad effects, attributes, trade‐offs, and complexities of policy choices; moreover, policies often address multiple objectives (IPCC, 2014.WG III, Ch. 3, pg. 6)
Although economic analyses can provide policy-makers with valuable information such as which technologies will achieve ethically determined goals at lowest cost, thereby providing criteria for making remedies cost-effective, there are serious ethical problems with cost-benefit analyses used prescriptively to set emissions reductions targets. Some of these are alluded to in IPCC Chapters 3 and 4, others are not acknowledged. Because of the prevalence of cost-benefit justifications for climate change policies, future IPCC reports could make a contribution by identifying all of the ethical issues raised by cost-benefit analyses.
Any decision about climate change is likely to promote some values and damage others. These may be values of very different sorts. In decision making, different values must therefore be put together or balanced against each other. (IPCC, 2014. WG III, Ch. 3, pg. 6)
This provision can be understood as condoning a consequentialist approach to climate policy that fails to acknowledge deontological limits. Since when any nation makes policy on climate change it affects poor people and vulnerable nations around the world, there are serious procedural justice issues which go unacknowledged in this section and, for the most part, all throughout Chapter 3. Nowhere does the chapter acknowledge that when a climate policy is under development at the national level, nations have no right to compare costs to them of implementing policies with the harms to others that have not consented to the method of valuation being used to determine quantitative value.
Ideally, emissions should be reduced in each place to just the extent that makes the marginal cost of further reductions the same everywhere. One way of achieving this result is to have a carbon price that is uniform across the world; or it might be approximated by a mix of policy instruments (see Section 3.8 ). (IPCC, 2014.WG III, Ch. 3, pg. 26)
This statement fails to acknowledge that emissions reductions amounts should be different in different places according to well accepted principles of distributive justice. Although other sections of the chapter acknowledge that responsibility for climate change is a matter of distributive justice, this section and others leave the impression that climate policy can be based upon economic efficiency grounds alone. The way to cure this problem is to continue to reference other sections that recognize ethical limits in setting policy on the basis of efficiency.
(IPCC, 2014.WG III, Ch. 3, pg. 6)
Since, for efficiency, mitigation should take place where it is cheapest, emissions of GHG should be reduced in many developing countries, as well as in rich ones. However, it does not follow that mitigation must be paid for by those developing countries; rich countries may pay for mitigation that takes place in poor countries. Financial flows between countries make it possible to separate the question of where mitigation should take place from the question of who should pay for it. Because mitigating climate change demands very large‐scale action, if put in place these transfers might become a significant factor in the international distribution of wealth. Provided appropriate financial transfers are made, the question of where mitigation should take place is largely a matter for the economic theory of efficiency, tempered by ethical considerations. But the distribution of wealth is amatter of justice among countries, and a major issue in the politics of climate change (Stanton, 2011). It is partly a matter of distributive justice, which economics can take into account, but compensatory justice may also be involved, which is an issue for ethics. (Section 3.3).(IPCC, 2014.WG III, Ch. 3, pg. 26)
There are a host of potential ethical problems with mitigation taking place in one part of the world to satisfy the ethical obligations of a nation in another part of the world which is emitting above its fair share of safe global emissions that are not mentioned in this article. Included in these problems are:
Environmental Sufficiency. There are many technical challenges in assuring that a project in one part of the world that seeks to reduce ghg by an amount that otherwise would be required of a polluter will actually succeed in achieving the reductions particularly when the method of reduction is reliant on biological removal of carbon.
Permanence. Many proposed projects for reducing carbon in one part of the world to offset reductions ethically required in another part of the world raise serious questions about whether the carbon reduced by the project will stay out of the atmosphere forever, a requirement that is required to achieve the environmental equivalence to ghg emissions reductions that would be achieved at the source.
Leakage. Many proposed projects used to offset emissions reductions of high-emitters raise serious questions about whether carbon reduced by a project at one location will result in actual reductions in emissions because the activity which is the subject of the offset is resumed at another location.
Additionality. A project that is proposed in another part of the world to offset emissions reductions of a high-emitting entity may not be environmentally effective if the project would have happened anyway for other reasons.
Allowing Delay In Investing In New Technology. The ability to rely on a cheaper emissions reductions project in another part of the world as a substitute of reducing emissions creates an excuse for high-emitting entities to delay investment in technologies that will reduce the pollution load. This may create a practical problem when emissions reductions obligations are tightened in the future.
Chapter 3 also treats other important ethical issues that arise in climate change policy formation. They include:
3.3 Justice, equity and responsibility,
3.3.1 Causal and moral responsibility
3.3.2 Intergenerational justice and rights of future people
3.3.4 Historical responsibility and distributive justice
3.3.5 Intra‐generational justice: compensatory justice and historical responsibility
3.3.6 Legal concepts of historical responsibility
3.3.7 Geoengineering, ethics, and justice
3.4 Values and wellbeing
3.4.1 Non‐human values
3.4.2 Cultural and social values
3.4.3 Wellbeing
3.4.4 Aggregation of wellbeing
3.4.5 Lifetime wellbeing
3.4.6 Social welfare functions
3.4.7 Valuing population
III. Some Additional Gaps In Chapter 3
Some of the gaps in Chapter 3 on ethical issues raised by climate change policy-making include: (1) ethics of decision-making in the face of scientific uncertainty, (2) whether action or non-action of other nations affects a nation’s responsibility for climate change, (3) how to spend limited funds on climate change adaptation, (4) when politicians may rely on their own uninformed opinion about climate change science, and (5) who is responsible to for climate refugees and what are their responsibilities.
The last entry in this series will continue the analyses of IPCC Chapter 3 on Social, Economic, and Ethical Concepts and Chapter 4 on Sustainability and Equity.
References
Brown, 2012, Navigating the Perfect Moral Storm: Climate Change Ethics In Light of a Thirty-Five Year Debate, Routledge-Earthscan, 2012
Intergovernmental Panel on Climate Change (IPCC), 2014, Working Group III, Mitigation of Climate Change, http://www.ipcc.ch/report/ar5/wg3/ –
(The Contraction and Convergence Equity Framework)
I. Introduction
Perhaps the most challenging policy issue raised by climate change is how to fairly allocate responsibility among nations, regions, states, organizations, and individuals to reduce global greenhouse gas (ghg) emissions to non-dangerous levels. This problem is generally referred to as the problem of “equity” in the climate change regime. It a central issue in climate change policy formation because each government policy on reducing the threat of climate change is implicitly a position on that government’s fair share of safe global emissions. In addition, climate change will continue to get worse unless each country reduces its emissions to its fair share of safe global emissions. Therefore, “equity” is not only a challenging issue in forming climate policies, it is perhaps the most critical policy question facing the international community.
This article identifies 10 reasons why the equity framework known as “contraction and convergence” (C&C) is the most preferable of all the equity frameworks under serious discussion around the world. The end of this paper will acknowledge some alleged limitations of C&C yet explain why these limitations should be dealt with in one of several possible ways while adopting the C&C framework internationally.
C&C was first proposed in 1990 by the London-based non-governmental Global Commons Institute. (Meyer, 2000) ( GCI, 2009) Basically, C&C is not a prescription per se, but rather a way of demonstrating how a global prescription could be negotiated and organized. (Meyer, 1999:305) Implementing C&C requires two main steps. As a first step, countries must to agree on a long-term global stabilization level for atmospheric ghg concentrations. Although a warming limit of 2 degrees C has been preliminarily agreed to in international negotiations, subject to the acknowledged need to examine whether the limit should be reduced to 1.5 degrees C in studies that are underway, once a warming limit is finalized it must be translated into a ghg atmospheric concentration goal and then a global ghg emissions budget can be calculated. As a second step, countries need to negotiate a convergence date, that is a date at which time the emissions allocated to each country should converge on equal per-capita entitlements (“convergence”) while staying within the carbon budget. During the transition period, a yearly global limitation is devised which contracts over time as the per-capita entitlements of developed countries decrease while those of most developing countries increase. C&C would allow nations to achieve their per capita based targets through trading from countries that have excess allotments.
And so the heart of C&C is the idea that justice requires that rights to use the atmosphere as a carbon sink must be based upon the idea that all human beings have an equal right to use the global commons, the Earth’s atmosphere. Because it would be impossible to achieve equal per capita emissions allocations in the short-term, C&C allows higher emitting nations to converge on a equal per capita target at some future date thus giving these nations some time to achieve an equal per capita target goal.
II. 10 Reasons To Support C&C
C&C is the most preferable equity framework for the following reasons:
1. Climate change is a classic problem of distributive justice. Distributive justice holds that all people should be treated as equals in any allocation of public goods unless some other distribution can be justified on morally supportable grounds. And so distributive justice entails the idea that at all allocations of public goods should start with a with a presumption of equal rights to public goods. Yet, distributive justice does not require that all shares of public goods be equal but put puts the burden on those who want to move away from equal shares to demonstrate that their justification for their requested entitlement to non-equal shares is based upon morally relevant grounds. Therefore someone cannot justify his or her desire to use a greater share of public resources on the fact that he or she has blue eyes or that he or she will maximize his or her economic self-interest through greater shares of public goods because such justifications fail to pass the test of morally supportable justifications for being treated differently. Because C&C ends up at some time in the future with equal rights for all individuals to use the atmosphere as a sink, it is strongly consistent with theories of distributive justice. Although distributive justice would also allow for other morally relevant considerations to be considered in allocating ghg emissions that diverge from strict equality, including such considerations as historical ghg emissions levels, these other considerations can be built into a C&C framework either by negotiating the convergence dates in a C&C regime or in side-agreements on such issues as financing technologies for low-emitting nations at levels that would allow them to achieve per capita emissions limitations. C&C therefore is strongly consistent with theories of distributive justice because equal per capita emissions is the ultimate outcome of C&C even if that outcome is modified to take into account other legitimate equitable issues in negotiations by changing the convergence date or in side-agreements that finance compliance for poor nations that need assistance in achieving equal per capita emissions limitations.
2. Allocating ghg emissions on an equal per capita emissions basis is consistent with the virtually universally recognized ethical idea that all people should treat others as they wish to be treated. And so basing allocations on equal rights is the least contentious of all ethical theories of how to allocate public goods. Although there are are other ethically relevant facts that arguably should be considered in an allocation of ghg emissions such as economic capability to reduce emissions or historical emissions levels, these considerations are more controversial ethically particularly in regard to how they are operationalized in setting a numeric targets and therefore are more amenable to negotiated settlements on issues such as when convergence on equal per capita levels will be achieved rather than in setting basic allocation target levels.
3. Equal per capita emissions levels are also consistent with human rights theories about the duty to prevent climate change. That is, human rights are based upon the uncontroversial ethical theory that humans should treat each other as they would like to be treated because all people, regardless of where they are, should be treated with respect. Since the outcome of C&C is equal per capita rights, it is completely consistent with the idea of treating all people with equal respect, the foundation of human rights obligations. Because climate change undeniably violates several non-controversial human rights including the right to life, security, and food among other rights, climate change is widely acknowledged as a human rights problem. If climate change allocations are considered to be in fulfillment of human rights duties, then arguments based upon economic self-interest in setting ghg emissions targets are not an acceptable justification for avoiding human rights obligations. This is so because human rights obligations are viewed to ethically trump other values such as economic self interest or utility maximization as has been explained in significant detail in recent entries on this website. If human rights are violated by climate change, costs to those causing climate change entailed by policies to reduce the threat of climate change are not relevant for policy. That is if a person is violating human rights, he or she should desist even if it is costly to them. Therefore because a C&C framework has the strongest obvious link to human rights, if it were agreed to by the international community it would provide a strong argument against those who refuse to limit their emissions to an equal per capita level on the bases of cost to them.
4. Setting a ghg emissions target based upon distributive justice requires consideration of facts determined by looking backward, such as levels of historical ghg emissions, and issues determined by looking forward, such as what amount of the global commons should each individual be entitled to for personal use. Only equal per capita entitlements to the use a global commons satisfies future focused allocations issues without ethical controversy. And so an allocation that converges on equal per capita emissions allocations sometime in the future is more than any other allocation framework likely to be seen as universally just as far as future entitlements issues are concerned. And so, the C&C should be supported because it is most consistent with equal entitlements to use global commons resources.
5, The C&C framework is the simplest of the dozen or so equity allocation frameworks which have been seriously considered in international climate change negotiations. Because it is simpler, it will likely be easier to negotiate than the other equity frameworks which have received serious consideration. Its simplicity is derived from the fact that its focus is narrowly on climate change justice issues. Thus it is not complicated by other global injustice issues which are not climate change related yet which are considerations in some other equity frameworks . For instance, other proposed ghg allocation formula try and remedy economic injustice among nations, issues which are worthy of international attention yet greatly complicate the ethical issues which need to be considered in setting ghg targets. Because C&C is simple, it is very pragmatic.
6. Objections to equal per capita allocations have sometimes been made by representatives from high emitting nations such as the United States because of the enormous ghg emissions reductions which would be required of it to reach equal per capita emissions levels of diminishing allowable safe global emissions. Yet emissions reductions that would be required of high emitting nations under other proposed equity frameworks would be even steeper because they take into considerations issues such as, for example, historical emissions, economic wealth of nations, and ability of nations to pay. For this reason C&C holds the best chance of being accepted by the international community compared to other equity frameworks provided other issues that raise legitimate equity concerns including historical emissions levels are taken into account in some way in climate negotiations. These other justice concerns should be understood to be refinements of C&C rather than replacements of C&C because the C&C framework was always flexible enough to take into account additional issues relevant to distributive justice.
7. Many observers of international global efforts to achieve a solution to climate change argue that there has been too much emphasis on the obligations of nations while obligations of individuals and regional governments have largely been ignored. These observers argue that this focus on nations has helped high-emitting individuals and regional governments to largely escape public scrutiny. Because C&C obligations are premised on determining the obligations of nations based upon equal per capita shares, C&C can be seamlessly applied to state and regional governments and individuals around the world. If, for instance, a C&C framework determines that the world should converge on a per capita emissions target of 2 tons per person by 2025, it is therefore a straightforward deduction to argue that all individuals around the world should limit their emissions to be below 2 tons per person by 2025 at a minimum.
8. Some of the issues that proponents of other equity frameworks have argued should be considered in allocating national emissions targets such as historical emissions or the level of economic development in poor countries are already in serious consideration in international climate change negotiation agenda focused on such matters as: (a) financial responsibility for adaptation, (b) responsibility for loses and damages for climate change, and (c) financing of climate friendly technologies for developing countries. Because of this the ethical issues raised by historical emissions or economic ability of nations to achieve a per capita allocation could be relegated to other issues already being negotiated in international climate change negotiations while emissions allocations targets are allocated on the basis of C&C.
9. Establishing a norm that each person is only entitled to emit ghgs on an equal per capita basis would also help to draw lines about other contentious ethical issues raised by climate change such as how to count responsibility for historical emissions. Determining how to translate historical emissions into legal obligations raises a host of contentious issues including when to start counting historical emissions. This question could be simplified by first determining reasonable per capita emissions at various moments in history. In addition, determining liability for future excess emissions could be simplified if there was an agreement on acceptable per capita emissions. And so looking at the problem of climate change through a per capita lens helps draw lines about other climate change policy matters which will need to be faced. Therefore the establishment of a C&C framework would help with other policy questions that must be faced in the future.
10. Many have argued that responsibility for reducing ghg emissions should not only be based upon production of ghgs within a nation, the current presumption of international negotiations, but on products consumed in a nation but produced in another nations in processes which emitted ghgs. Although this shift from production ghg to consumption related ghg as a way of establishing national responsibility to achieve ghg emissions reduction targets is not likely to happen in the short-term, those who desire to assign liability on the basis of consumption could also use the C&C framework more easier than other proposed equity frameworks.
III. Limitations of C&C
Other proposed equity frameworks were developed to deal with a few alleged limitations of C&C. (As we have explained, C&C was always flexible enough to deal with additional issues relevant to distributive justice and therefore these alleged criticisms did not take into considerations the inherent flexibility of C&C.)
For instance, a second allocation formula which has received serious attention by the international community is the Greenhouse Development Rights Framework ( GDR) (Baer et al., 2008). GDR was developed, according to its proponents, because C&C does not leave adequate ghg emissions to allow developing nations to develop to levels that would allow them to escape grinding poverty. And so, proponents of GDR argue that any targets developed under a C&C framework will not be fair to poor nations and therefore will not be accepted by developing nations. We agree that several additional equitable issues including the justice dimensions of historical emissions levels must be dealt with for a C&C approach to be fair to low-emitting poor countries because emissions targets simply based upon equal per capita emissions to allocate the extraordinarily small carbon budget that is left to avoid dangerous climate change will leave almost nothing for low emitting nations to grow economically. The questions is not whether these issues need to be considered in setting targets, but rather how they are considered while maintaining the moral force of equal per capita rights to use the atmosphere as a carbon sink.
The Brazilian government has also developed a proposed equity framework based upon the need to take historical emissions levels seriously. Both the proposed GDR framework and the proposed Brazilian framework more directly deal with legitimate justice issues which are not expressly initially dealt with under C&C. Yet C&C can be adopted in combination with other agreements and adjustments to C&C assumptions that deal directly with the equitable issues more directly considered by the other proposed equity frameworks. For instance, the convergence dates in the C&C framework can be modified to take into consideration s0me historical emissions issues. In addition, separate agreements on such matters as financing carbon friendly technologies in poor, low emitting nations can deal with issues of need to assist developing nations achieve otherwise just ghg emissions targets.
In summary, some of the alleged limitations of C&C can be dealt in other agreements while retaining the basic structure of C&C. And so, for the 10 reasons above, the C&C should be adopted by the international community not withstanding the legitimate need to consider other issues relevant to distributive justice in setting ghg emissions reduction targets including levels of historical emissions and financial ability of poor nations to comply with per capita emissions limitations. For this reason, C&C is the most preferable and practical equitable framework for allocating climate change obligations among governments.
Meyer, A., (2000, Contraction and Convergence, The Global Solution to Climate Change, Ttones, UK: Green Books,
By:
Donald A. Brown
Scholar in Residence and Professor, Sustainability Ethics and Law and Professor, Widener University School of LawPart-time Professor, Nanjing University of Science Information and Technology, Nanjing, China
