What Can Non-Catholics and Nonbelievers Learn From the Pope’s Encyclical About the Ethical Dimensions of Climate Change?

climate change moralpopeslaudato

I. Introduction

Can non-Catholics and nonbelievers learn anything from the Pope’s encyclical on climate change? Although, of course, the Pope holds positions on some issues that many non-Catholics and nonbelievers do not agree with, are there insights about climate change ethics that non-Catholics and even nonbelievers can learn from the Pope’s recent encyclical Laudato Si, On Care for Our Common Home?

This encyclical has gotten wide publicity largely because of its message that we have a moral responsibility to prevent climate change. Yet this 184 page document is about much more than climate change.

Although this entry will focus mostly on climate issues, it is important to understand that the encyclical calls for deep moral reflection on and response to many problems threatening the common good including poverty, staggering economic inequality, homelessness, lack of meaningful work, diminishing water supplies, loss of global biodiversity, as well as climate change. Furthermore, the encyclical argues that there is a common cause of these problems, namely a global economic system which produces wealth, an outcome which the encyclical acknowledges is a good thing, while destroying planetary common natural resources and failing to produce social and institutional structures necessary to achieve basic human dignity.

The encyclical contains a strong critique of the current form of capitalism. It is not, however, as claimed by many on the political right, a call for centralized government control of the economy but a call for a more regulated economy and economic investment in things needed to assure that all human beings can live in basic dignity. The encyclical makes a strong argument that government policies that call for strong economic growth alone will not protect the environment nor provide institutional mechanisms needed to assure social justice and human dignity.

The encyclical states that the environmental crisis facing the world is related to the social crises present throughout the world. More specifically the encyclical says:

We are not faced with two separate crises, one environmental and the other social, but rather one complex crisis which is both social and environmental. Strategies for a solution demand an integrated approach to combating poverty, restoring dignity to the underprivileged, and at the same time protecting nature. (Laudato Si, 139)

Throughout the document, the encyclical grounds its moral conclusions in Catholic theology but also widely appeals to the Golden Rule which is recognized in one form or another by all of the world’s religions and is a major tenet of much of the most universally recognized foundations for secular ethics. Thus the encyclical is a call to protect our common home not just to Catholics but to all of the people in the world. Its ethical logic is supportable both by Catholic theology and mainstream secular ethics.

Most of the encyclical’s analyses of what needs to be done to solve the environmental and social crises facing the world is based on the need to protect the common good, a duty derivable from the Golden Rule, which the encyclical expressly recognizes as a foundational theory of social ethics. In this regard the encyclical says:

Human ecology is inseparable from the notion of the common good, a central and unifying principle of social ethics. (Laudato Si, 156). Because current injustices, the common good requires solidarity with and a preferential option for the poor(Laudato Si,  89) The notion of the common good also extends to future generations.(Laudato Si, 159)

The principle of the subordination of private property to the universal destination of goods, and thus the right of everyone to their use, is a golden rule of social conduct and the first principle of the whole ethical and social order. (Laudato Si, 93).

II. The Practical Importance of Seeing Climate Change as a Moral Problem

The encyclical has received most attention for its claims about the moral responsibility to prevent climate change.  For reasons discussed on this website many times, if the Pope’s encyclical is successful in getting civil society to see climate change as essentially a moral and ethical issue, it is likely to have a profound practical importance for climate change policy making, in fact, it could radically transform how climate change policy has been debated for over 35 years. There are two reasons for this.

One, climate change more than any other environmental problem has features that scream for attention to see it fundamentally as a moral issue. In fact, climate change policy makers can’t think clearly about policy until they respond to several ethical questions.

Second, those who have opposed action on climate change for over 35 years have tricked citizens, including most members of environmental organizations, to argue about climate change policies in ways that ignore moral and ethical questions and in so doing have weakened the strongest arguments that can be made in response to arguments made by opponents of climate change policies.

The features of climate change that scream for attention to see climate change policy options through a moral lens include:

(1) It is a problem caused by high-emitting nations and people who are putting the world’s poorest nations and people at most risk who have done little to cause the problem;
(2) The harms to those most vulnerable are likely to be catastrophic including: deaths, sickness, destruction of ecological systems on which life depends and entire countries, and the numerous other harsh impacts caused by rising seas, more intense storms, heat waves, killer droughts, and floods, loss of glaciers that millions of people depend upon for drinking and agriculture, while the harshest impacts are most threatening to Africa, particularly the Sahel, and the Horn of Africa, to Southeast Asia from loss of water supply, drought, and rising seas, and to Small Island states whose very existence is now threatened by rising oceans and killer storms;
(3) Unlike other environmental problems those most vulnerable to climate change often are unable do anything to protect themselves, their best hope is that the high emitting nations and people will see that they not only have economic interests but have ethical responsibilities to stop doing what they are doing; and,
(4) Most importantly, there is almost no hope of preventing very dangerous climate change unless all nations urgently limit their ghg emissions to their fair share of safe global emissions.

To understand the link between urgency and fairness, one must understand aspects of climate science.

The Earth’s climate will not respond to increased atmospheric concentrations of ghg by raising temperatures in proportion to how much ghg are added to the atmosphere. That is, the earth’s climate system does not respond to increased atmospheric concentrations of ghgs in the same way the sound on a radio turns up in proportion to how the volume dial is turned up. The climate system is known to have threshold switches in addition to dials which will cause global temperatures to escalate abruptly if certain thresholds are exceeded. For instance, we know about 50 million years ago ocean temperatures passed a threshold which quickly released large amounts of methane hydrates stored in the bottom of the ocean which then caused global temperatures to rapidly increase abruptly by 5 degrees C.

Because the scientific community believes that the probability increases significantly that the switches in the climate system which will cause abrupt climate change will be triggered if warming is allowed to increase by 2 degrees C or perhaps 1.5 degrees C above preindustrial temperature levels, every country in the world agreed in Copenhagen in 2009 to try and keep warming from rising more than 2 degrees C.

Because high emitting countries in particular have allowed the atmospheric concentration of CO2 to rise to 400 ppm from the preindustrial level of 280 ppm and at 450 ppm there is only approximately a 50 % chance of limiting the warming to 2 degrees C, the international community is rapidly running out of time to prevent catastrophic warming. In fact, if the international community wants to have a reasonable probability of limiting warming to 2 degrees C, the entire world must limit all ghg to approximately 350 GtC and given that the world is now emitting 10 GtC per year, even if the international community could stabilize current ghg emissions at existing levels, in about 30 years any additional emissions of ghg would exceed a carbon budget that may not be exceeded to give a reasonable chance of preventing catastrophic climate change.

Given this, the mainstream scientific community is screaming to the world that the international community is rapidly running out of time to prevent dangerous climate change.

Even more disturbing some of the climate triggers that cause abrupt changes are now starting to be visible, including Arctic sea ice disintegration and methane release from the Asian tundra.

Because of all of this, the most contentious issues in international climate negotiations are issues about what is each nation’s fair share of safe global emissions. Given that some nations more than others have much higher per capita emissions and historical emissions and if all nations must reduce their ghg emissions to their fair share of safe global emissions, some nations more than others must reduce their emissions much faster than others.

At the top of the list of countries that justice would require a country to go much, much faster in reducing ghg emissions than most any other country is the United States. Although China now emits more ghg than the US, the US is much more responsible than China for elevating atmospheric concentrations to the current dangerous levels of 400 ppm CO2 because of its world-leading historical emissions and US per capita emissions are almost twice China’s emissions

For this reason issues of justice and fairness are at this moment the most contentious issues in international climate change negotiations not only in regard to what is each nation’s fair share of safe global emissions but who should pay for urgently needed adaptation measures in poor developing nations.

And so a nation cannot think clearly about what its climate policy goal should be without considering two ethical questions.

The first is what is the atmospheric ghg concentration that a nation’s climate policy is seeking to achieve, such as 450 ppm CO2. This is a moral issue at its core because it is a position on who the country believes it is OK to kill and what damages to ecological systems on which life depends are acceptable.

The second ethical issue that a nation must confront in setting national policy is what is the nation’s fair share of a safe global carbon budget for the entire world.

For these reasons, climate change policy makers must take positions on profound ethical and justice issues in setting climate policy, issues that governments can’t duck when determining national climate change policy because every national ghg emissions target is already implicitly a position on these ethical questions.

However, perhaps an even more important reason why seeing climate change as essentially a moral issue is so practically important for policy stems from the success of fossil fuel companies and other opponents of climate change policies to frame climate policy debates over the last 35 years so that the debates have almost exclusively focused on three issues that have ignored the moral issues .

In the United States, opponents of climate change policies have argued that the United States should not adopt climate change policies because:

First, the policies will impose unacceptable costs on the US economy or destroy jobs, or other economic reasons to oppose climate policies

Second, there is scientific uncertainty about whether humans are causing climate change and what the impacts will be

Third, for the US to act would be unfair or ineffective until China and India do so.

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

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

The response of NGOs and citizens to this argument has largely been to assert that climate change policies will create jobs and boost the economy. Yet this response unknowingly implicitly supports the very dubious hidden normative assumption of the climate policy opponents’ argument, namely that the US should not adopt climate policies if the policies will hurt the US economic interests despite the fact that this argument is obviously wrong when viewed through an ethical lens because polluters not only have economic interests, they more importantly have moral responsibilities to not harm others.

As we have seen, almost all cultures agree with the Golden Rule which holds that someone should not be able to kill others because it would be costly to the killer to stop the killing behavior. Thus, the failure to respond to the opponents’ of climate change policies arguments on moral grounds is an astonishing oversight in light of the fact that the moral objection is very strong  to someone who claims that they can seriously harm others if their economic interests are threatened if they have to limit their harmful activities.

Such a claim violates the most non-controversial ethical rules including the Golden Rule and many well accepted provisions of international law based on the Golden Rule such as a rule called the “no harm principle” which asserts that all nations have a legal duty to prevent their citizens from harming people outside their jurisdiction.

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

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

And so, for 30 years, the opponents of climate change policies have succeeded in framing the climate debate in a way that ignores obvious ethical and moral problems,  Surprisingly both environmental organizations and the US press have failed to bring attention to the obvious moral problems with the arguments made by opponents of US climate change policies

For this reason, the Pope’s claim that climate change must be understood as a moral problem has the potential to change the climate debate in the US although to give the Pope’s message power citizens must work to turn up the volume on the obvious ethical problems with arguments made by opponents of climate change policies.

Now the Pope’s encyclical claims that the failure of citizens to acknowledge moral obligations entailed by climate change to be a symptom of a larger problem, namely the dominance of an aggressive form of capitalism which is undermining the common good in other ways.

Opposition to climate change policies has been organized by corporations and free market fundamentalists foundations and think tanks who share an ideology that if every person works in his or her own self interest, the market will achieve the common good by virtue of the invisible hand. This is so despite the fact that even mainstream economists admit that markets will not internalize externalities, that is, take into account harms to those who do not participate in market transactions, nor produce distributive justice.

Market rationality also translates all values into commodity values which crowd out other values including respect for life while not acknowledging the need to set limits on human behavior consistent with limits of natural resources.

The aggressive economic capitalism that is now dominating most of the world is also corrupting democracies by the infusion of money into politics, funding public relations campaigns to manipulate democratic outcomes, placing people with loyalty to those with economic interests into government management positions, and preventing government investment policies needed provide humans with human dignity.

III. Conclusion

If we want to protect the common good, achieve social justice in the world, and avoid catastrophic climate change, we will need people around the world with courage to publicly challenge the assumptions of an unregulated capitalism on moral grounds.  As the Pope has said, public policy that exclusively focuses on increasing economic growth will not protect our common home or achieve social justice.

As we have seen, the Pope’s call to see climate change as essentially as a moral problem has profound practical policy significance, thus Catholics, non-Catholics, and nonbelievers should identify the moral problems with arguments made by opponents of climate change policies. In fact, when opponents of climate change oppose climate change policies on grounds of costs to those causing climate change, scientific uncertainty, or unfairness or ineffectiveness of national action if China or other nations don’t act, citizens should publicly engage opponents of climate change by asking questions of climate change policy opponents designed to expose the ethical and moral problems with the opponents’ arguments. Some of these questions have been identified on this website. See:

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor

Widener Commonwealth University Law School

dabrown57@gmail.com

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

pope-francis-environment-encyclical1

I. Introduction 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener Commonwealth University Law School

dabrown57@gmail.com

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

Bathtub revised

I. Introduction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener Commonwealth University Law School

dabrown57@gmail.com

Obama’s Laudable Speech Fails to Communicate Policy Implications of The Moral Dimensions of Climate Change.

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When US President Obama announced revised regulations on reducing carbon dioxide emissions from US power plants on August 3, 2015 in a laudable speech supporting the new rules,  as he predicted opponents of US climate change policy strongly attacked the new rules on grounds that they would wreck the US economy, destroy jobs, and raise electricity prices.  Although President Obama defended the new rules on the basis that they were necessary to prevent dangerous climate change, that time was running out to do so, and that the rules would protect human health of US citizens, the speech failed to develop some of the obvious profound implications for climate policy of the conclusion that climate change is a moral problem, although President Obama did assert twice in the speech that climate change is a moral problem.

Although the Obama speech has rightly been praised  by those who believe the US must take strong action on climate change, his speech did not acknowledge that:

  • US ghg emissions are harming and seriously threatening hundreds of millions of people outside the United States. There was no mention in the speech how US ghg emissions were harming others around the world.
  • Those who are most vulnerable to climate change have done almost nothing to cause the existing threats to them.
  • Those who are most vulnerable to climate change can do little to protect themselves, their best hope is that high emitting nations, sub-national governments, organizations, entities, and individuals will respond to their moral responsibilities to reduce the threat of climate change.
  • If climate change is a moral problem, the US may not base its climate change policies on US interests alone, it must respond to its obligations to not harm others outside the United States. Therefore costs to the US economy alone may not be used to justify failure to reduce US ghg emissions.
  • The United States must reduce its ghg emissions to its fair share of safe global emissions, a fact which leads to the conclusion that the new rules for power plants are still not stringent enough in light of the fact that the Intergovernmental Panel on Climate Change has determined that developed countries must reduce their ghg emissions by a minimum of  25% to 40% by 2020 to prevent dangerous climate change and the new rule will only achieve 32% reduction by 2030 coupled with the added fact that any reasonable interpretation of what equity requires of the United States would require the US to be closer to the 40% reduction by 2020 and surely reduce US ghg emissions well in excess of 40% by 2030.
  • One of the reasons the world is now running out of time to prevent dangerous climate change is because fossil fuel companies and their allies in the US Congress has prevented the United States from taking serious action on climate change since 1992 when the George H. W Bush administration agreed in the United Nations Framework Convention on Climate Change that the United States should adopt policies and measures to prevent dangerous anthropocentric interference on climate change on the basis of equity and common but differentiated responsibilities. Thus the United States, more than any other developed country, has been responsible for the disastrous 30 year delay in formulating a serious global response to climate change, while delays make the problem harder and more expensive to solve and increase the likelihood of triggering dangerous climate change.
  • The United States is more responsible for raising atmospheric concentrations of greenhouse gas concentrations to 400 ppm CO2 equivalent in the atmosphere  than any country and has among the highest per capita ghg emissions as any country in the world.
  • The climate change opposition in the United States has successfully prevented the United States from adopting policies that would have significantly reduced US emissions on the basis of scientific uncertainty despite the fact that the United States agreed in the 1992 United Nations Framework Convention on Climate Change to not use scientific uncertainty as an excuse for not reducing its ghg emissions to safe levels.
  • Those nations who have consistently emitted ghgs above their fair share of safe global ghg emissions are responsible for the reasonable adaptation costs and damages of poor nations and people who have not caused climate change.These responsibilities are required both by basic ethics and justice and international law. These financial obligations will far exceed hundreds of billions of dollars per year.

By

Donald A Brown

Scholar In Residence and Professor

Widener Commonwealth University Law School

dabrown57@gmail.com

US Media’s Failure to Acknowledge the Most Important Implications of the Pope’s Encyclical

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Now that Pope Francis has released his encyclical on climate change, strong responses from many climate change deniers has predictably emerged. Most of these attacks on the Pope’s message have focused on the Pope wandering from his area of authority in theology into science. Former Thatcher adviser Christopher Monckton’s retort is typical: “It is not the business of the Pope to stray from the field of faith and morals and wander in to the playground that is science”

The US media’s coverage, also predictably, has mostly focused on whether the Pope should have stayed in his theology lane.

Yet the most important potential message of the Pope’s encyclical is his assertion that climate change is a moral problem. Now, of course, many see the Pope’s claim about morality unsurprising but fail to understand the profound significance for climate policy-making of understanding climate change fundamentally as a moral issue. If climate  change is understood to be a moral issue, it would completely transform the way climate change policies have been debated in the United States for over three decades.

For instance, opponents of US government action on climate change have for over 30 years predominantly argued against proposed policies on two grounds. First there is too much scientific uncertainty to warrant action and secondly climate policies will destroy jobs, specific industries, and the US economy. For this reason, action on climate change is not in the US self-interest.

But if climate change is a moral issue, the United States may not look at US economic interests alone, it must respond to US duties and obligations to the tens of millions of people around the world who are  most vulnerable to climate change harms. Yet the US debate on climate change has made cost to the US economy of climate change policies, or economic impacts on specific US industries the key criteria for the acceptability of US action on climate change while ignoring what US ghg emissions were doing or threatening to do to tens of vulnerable people around the world.

In addition, if climate change is a moral problem, even assuming counter-factually that there is considerable scientific uncertainty about whether humans are causing serious global warming, those who are putting others at risk have duties to not endanger vulnerable people without their consent. This is particularly true on issues where waiting to resolve scientific uncertainty makes the problem worse or waiting makes the problem harder to solve, clear attributes of climate change.

It is the tens of millions of potential victims of climate change impacts that have the most to lose by waiting until all scientific uncertainties are resolved. Given that the mainstream scientific community now believes that the world is quickly running out of time to prevent dangerous climate change, the moral problems with waiting until all climate scientific uncertainties are resolved are unfortunately becoming obvious. The United States should have acknowledged the duty to fake action on climate change 30 years ago once the US Academy of Sciences and other highly respected scientific institutions stated that human-induced climate change was a growing menace.

Even without the Pope’s encyclical, Climate change is a problem with certain features that scream for attention to see it and respond to it as essentially a moral problem even more than other environmental problems. These features include the following:

• First, it is a problem that is being caused by some high-emitting people and nations in one part of the world who are putting other people and nations at great risk in another part of the world who have often done little to cause the problem.

• Second, the harms to those mostly at risk are not mere inconveniences, but potential catastrophic harms to life and natural resources on which all life depends.

• Third, climate change is a problem for which those people most at risk often can do little to protect themselves by petitioning their governments. Their best hope is that those high-emitting nations and people causing the problem will see that they have ethical duties to the victims to avoid harming them.

• Fourth, because CO2 is well mixed in the atmosphere, all human activities are contributing to rising atmospheric concentrations and therefore a global solution to climate change requires all nations and people to limit their greenhouse gas (GHG) emissions to their fair share of safe global emissions.

Because climate change is a moral problem, issues nations must face in formulating climate policies need to be guided by moral considerations. They include, among many others, principles on what is each nation’s fair share of safe global emissions, who is responsible for reasonable adaptation needs of those people at greatest risk from  climate damages in poor nations that have done little to cause climate change, should high-emitting nations help poor nations obtain climate friendly energy technologies, and what responsibilities should high-emitting nations have for refugees who must flee their country because climate change has made their nations uninhabitable?

Because climate change is a moral problem, high-emitting organizations, sub-national governments, corporations, and individuals also have duties to reduce their greenhouse gas emissions to their fair share of safe global emissions.

In the international climate negotiations that will resume on November 30 in Paris, issues of fairness are already the key issues in dispute. Hopefully the Pope’s encyclical will help citizens around the world see the moral dimensions of climate change policies and respond accordingly.

The US press has for 30 years utterly failed to help US citizens understand the practical significance for climate policy if climate change is a moral issue.  Perhaps the Pope’s encyclical will change this.

Do US GHG Emissions Commitments Pass Ethical Scrutiny?

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A. The US GHG Emissions  Reduction Targets

Although the Obama administration has over the last year or two taken significant steps to reduce US greenhouse gas (ghg) emissions that have been widely welcomed by many nations, do the current US ghg reduction targets represent the US fair share of safe global emissions?  This post examines the question of whether the current US commitments to reduce US ghg emissions are adequate as a matter of justice and ethics.

On November 11, 2014, the Obama Administration announced a new US commitment on reducing its ghg emissions in a deal with China. (US White House, 2014) The United States pledged to cut its emissions to 26-28% below 2005 levels by 2025 while retaining a prior pledge to reduce US ghg emissions by 80% below 2005 by 2050.

All nations have agreed to negotiate a new climate agreement with binding force at the twenty first Conference of the Parties (COP21) under the United Nations Framework Convention on Climate Change (UNFCCC) in Paris in December 2015. To prepare for the Paris negotiations, countries have agreed to publicly outline what post-2020 climate actions they intend to take, known as their Intended Nationally Determined Contributions (INDCs). The INDCs will largely determine whether the world is on a path to avoid catastrophic climate change by avoiding additional warming of no more than  2°C.

On March 31, 2015, the United States submitted its INDC to the Secretariat of  the United Nations Framework Convention on Climate Change (UNFCCC) which reiterated the ghg emissions reduction targets announced in November. (US, 2015)

The US March announcement on its reduction targets for 2025 was met with mostly, but not uniformly, positive responses from nations around the world because the new commitments were a significant increase over the US commitment made in 2009 to reduce US ghg emissions by 17% below 2005 emissions levels by 2020. The new US commitments were also welcomed because the United States has a record that spans several decades of being a major obstacle to achieving an adequate global solution to climate change. (For a discussion of the role that the United States has played in international climate negotiations, see Brown, 2002 and Brown, 2012) The Obama administration ghg reduction targets were seen by many as a constructive change in the US role in international efforts to find a global solution to climate change.

new book description for website-1_01Although there has been a positive response to the Obama commitments to reduce US ghg emissions, there is also great international concern that national INDCs, including the US commitments, are not nearly ambitious enough to prevent dangerous climate change. In fact there is a strong consensus among nations that unless nations reduce their ghg emissions to levels that represent each nation’s fair share of safe global emissions, there is little hope of preventing catastrophic warming.

The United States along with almost every country in the world agreed when it ratified the UNFCCC to adopt policies to prevent dangerous anthropogenic interference with the climate system on the basis of “equity” and “common but differentiated responsibilities.” Thus the United States has agreed that it should reduce its  ghg emissions to levels required of it on the basis of equity and justice.

In addition there are several features of climate change that scream for attention to understand it and respond to it as an ethical and moral problem. These features include: (a) it is a problem caused by some nations and people emitting high-levels of ghgs in one part of the world who are harming or threatening tens of millions of living people and countless numbers of future generations throughout the world who include some of the world’s poorest people and who have done little to cause the problem, (b) the harms to many of the world’s most vulnerable victims of climate change are potentially catastrophic, (c) many people most at risk from climate change often can’t protect themselves by petitioning their governments; their best hope is that those causing the problem will see that justice requires them to greatly lower their ghg emissions, and, (d) to protect the world’s most vulnerable people, nations must act quickly to limit their ghg emissions to levels that constitute their fair share of safe global emissions.

A major significance for policy of understanding climate change as a moral and justice issue, is that nations may not look at economic self-interest alone in formulating policies, they must consider their ethical and moral obligations to those who are most vulnerable to climate change.

For these reasons, it is important to review the US ghg emissions reduction commitments through the lens of justice and equity.  According to the Intergovernmental Panel on Climate change (IPCC) “equity” under the UNFCCC covers both distributive justice issues and procedural justice. (IPCC, 2015, chap 4, 4.2.2)

The rules under which nations are making commitments in their INDCs before the Paris COP under the UNFCCC do not include a definition of or benchmark for determining what “equity’ requires of nations.  Yet nations are encouraged to explain how they took environmental ambition and fairness into account in establishing their INDC. More specificly at UNFCC COP-20 in Lima, nations agreed to explain in its INDC:

“how the Party considers that its intended nationally determined contribution is fair and ambitious, in light of its national circumstances, and how it contributes towards achieving the objective of the Convention as set out in its Article 2. (UNFCCC, 2014, emphasis added)”

Although reasonable disagreements exist about what equity and justice requires of nations in setting their INDCs as demonstrated by numerous proposed equity frameworks discussed by the recent IPCC chapter in the 5th Assessment Report on equity (IPCC, 2014, chapter 4), the national commitments that are based upon national economic interests alone clearly fail to pass minimum ethical scrutiny. This is so because as IPCC said recently “reasonable interpretations of equity are limited to only a few plausible kinds of considerations namely responsibility, equality, capacity, and rights of developing countries to develop.” (IPCC, 2014, chapter 4. 48-52) If there is any doubt that economic self-interest is not compatible with the idea of “equity” it also is an unacceptable basis for establishing national climate change policies because economic self-interest is also inconsistent with well established international legal principles including:

  • the “polluter pays” principle of the Rio Declaration (UN, 1992: Principle 16),
  • the “no harm” principle recognized in the UNFCCC (UNFCCC, 1992: Preamble)
  • what is required of nations who fail to fulfill and protect human rights of citizens (For discussion of the implications for policy of a human rights approach to climate change policy see, Brown and Brown, 2014).

And so although it may not be possible to say precisely what equity requires of nations in advance, strong arguments can be made that some national commitments fail to satisfy reasonable interpretations of what equity requires. Or saying this another way, although policy makers may disagree on what perfect justice requires, they may all strongly agree that certain positions  are  unjust.

In the absence of a court adjudicating what equity requires of nations in setting their national climate change commitments, a possibility but far from a guarantee under existing international and national law (for an explanation of some of the litigation issues, Buiti,2011), the best hope for encouraging nations to improve the ambition of their national emissions reductions commitments on the basis of equity and justice is the creation of a mechanism under the UNFCCC that requires nations to explain their how they quantitatively took equity into account in establishing their INDCs and why their INDC is consistent with the nation’s ethical obligations to people who are most vulnerable to climate change and the above principles of international law.

B. The US Justification for Its GHG Emissions Reduction Targets.

Although the United States asserted without explanation when it submitted its INDCs to the the UNFCCC Secretariat that the US commitments were” fair and ambitious,” (US, 2015), the United States has also acknowledged the commitment was based upon what is achievable under existing US law rather than what may be required of the United States by ethics, justice, and basic fairness.

The US justification for its new 2025 commitment is as follows:

The target is grounded in intensive analysis of cost-effective carbon pollution reductions achievable under existing law and will keep the United States on the right trajectory to achieve deep economy-wide reductions on the order of 80 % by 2050. (US White House, 2014)

According the US White House, the 80% reduction commitment by 2050 is based upon a commitment made by the United States to the G8. (Light, 2014)
The US has not asserted that the 26% to 28 % reduction below 2005 emissions reduction commitment by 2025 or 80% reduction below 2005 emissions by 2050 aspiration represents the US fair share of safe global emissions.

In regard to the 80% reduction commitment by 205o, the United States has asserted that this number was taken from the 2009 G8 Declaration on Climate Change which stated that:

We recognize the broad scientific view that the increase in global average temperature above pre-industrial levels ought not to exceed 2°C. Because this global challenge can only be met by a global response, we reiterate our willingness to share with all countries the goal of achieving at least a 50% reduction of global emissions by 2050, recognizing that this implies that global emissions need to peak as soon as possible and decline thereafter. As part of this, we also support a goal of developed countries reducing emissions of greenhouse gases in aggregate by 80% or more by 2050 compared to 1990 or more recent years. (G8, 2009)

The Obama administration has thus explicitly acknowledged that the current 2025 commitment is based upon what is currently achievable under existing law rather than on what ethics and justice would require of the United States while the commitment to reduce ghg emissions by 80% by 2050 is based on a promise made to the G8 in 2009 which did not expressly consider the implications of a carbon budget described by IPCC in 2013. (see below)

C. Why the US Commitments Are Inadequate

Although it is speculation, it would appear that the reference by the United States to an 80% reduction commitment by 2050 originally made to the G8 was influenced by a 2007 report by the Intergovernmental Panel on Climate Change (IPCC, 2007, p776) which concluded that developed nations needed to reduce ghg emissions by 25% to 40% below 1990 emissions levels by 2020 and 80% to 95% by 2050 for the world to have any reasonable chance of limiting warming to 2°C. If this is the case, the US government has not explained why the US believes it need only achieve the lower end of the 80% to 95% reduction goal for 2050 emissions for developed nations identified by the IPCC in 2007 nor why the current reduction commitment of 26% to 28% below 2005 emissions by 2025 is justified given the much higher 25% to 40% reduction targets by 2020  were recommended by the IPCC in 2007 for developed nations.

It would also appear when determining any of its ghg commitments that the United States has not considered the most recent carbon budget identified by the IPCC’s 5th Assessment Report. (IPCC, 2013, p27). A carbon budget is a limit of total ghg emissions for the entire world that must constrain total global emissions to have any reasonable hope of limiting warming to 2°C or any other temperature limit. The IPCC budget defines a limit of future carbon emissions of approximately 270 gigatonnes carbon (GtC) to have a 66% chance of limiting the warming to 2°C. (Pidcock, 2013). The 2°C warming limit has been agreed to by the international community including the United States as necessary to prevent potentially catastrophic climate change. The US has agreed several times, including in the G8 agreement above, on the need for it to adopt policies that will, working with others, prevent warming from exceeding the 2°C warming limit.

Because any US ghg target is implicitly a position on the US fair share of safe global emissions, any US emissions reduction target may only be justified as a matter of ethics and justice by explaining why the US commitment is a fair share of an acceptable global carbon emissions budget. Yet, the Obama administration has made no attempt to explain or justify why its emissions reduction goals are just and equitable in reference to a global carbon budget or a warming limit. As we have seen, the United States has asserted that its INDC is ambitious and fair but has given no explanation of how the United States justified this conclusion.

If the total carbon budget to give the world a 66% chance of keeping warming below 2°C is 270 gigatons carbon (GtC), then because the US population is 5 % of world population, a case can be made that the United States carbon budget must be below 13.5 GtC even before this number is adjusted on the grounds of fairness or equity that takes into account the US’s world leading share of historical emissions. Because  the US is currently emitting 1.44.GtC per year, the US will have zero emissions to allocate to itself in 9.4 years at current emissions rates.

In any event the US INDC, as well as all INDCs, should be expressed as a total number of carbon tons rather than as a percent reduction by a specific year given that a carbon budget requires nations to fairly allocate the remaining carbon budget necessary to limit warming to 2°C.  Because keeping global emissions within a global carbon budget requires all nations to live within their allocated budget for the entire period, the US commitment should identify the total number of tons as a percentage of the global carbon budget it is allocating to itself.  This is so because identifying a percentage reduction by a date in the future would not prevent a nation from far exceeding its budget allocation before the target date even if the percent reduction committed to is achieved by the target date.   For this reason, nations should express their INDCs for emissions reductions in tons rather than in percent reductions by a specific date.

During a speech at Georgetown University in June 2013, President Obama did acknowledge in very general terms that the United States has responsibility for climate change when he said:

[A]s the world’s largest economy and second-largest carbon emitter, as a country with unsurpassed ability to drive innovation and scientific breakthroughs, as the country that people around the world continue to look to in times of crisis, we’ve got a vital role to play. We can’t stand on the sidelines. We’ve got a unique responsibility. (Obama, 2014)

Although President Obama thus acknowledged US responsibility to the world to take effective action on climate change, the US has not explained how this responsibility is linked quantitatively to any US ghg reduction commitment.

There are several reasons for concluding that the US INDC fails to pass minimum ethical scrutiny.

First, as one observer noted about the fairness of the US-China agreement:

“ [U]nder such an agreement the United States would come down “marginally” from its current 18 tonnes per capita and China would increase from its current seven-eight tonnes. Both the polluters would converge at 12-14 tonnes a person a year. This is when the planet can effectively absorb and naturally cleanse emissions not more than two tonnes a person a year.” (Narain, 2014)

Second, the US has admitted that its commitment on its 2025 emissions reductions of 26% to 28% is simply based on what is achievable under existing law not what is required of the US as a matter of justice.

Third  the debate about climate change in the United States for over 35 years reveals that opposition to stronger policies to reduce US ghg emissions has successfully blocked stronger US policies by making two kinds of arguments.

The first  argument has been that there is insufficient scientific certainty about human causation of harmful climate change to warrant climate policies given the likely costs of climate change policies to certain sectors of the US economy.

The second argument which has blocked stronger US climate change policy for the last few decades is based on claims that proposed climate law and policies would impose unacceptable costs on the US economy. The cost arguments have taken several forms. (Brown, 2012b, p57) These arguments have included that proposed  policies would destroy jobs, reduce US GDP, damage specific industries such as the coal and petroleum industries, increase the cost of fuel, or simply that proposed climate policies and legislation are unaffordable. (Brown, 2012b, p57).

It is therefore clear that the actual basis for current US positions on climate change have not been identified by the the Obama administration, which likely is doing as much as it can under existing law. Rather the actual basis for current US climate policies includes arguments which  have successfully prevented the US Congress from passing  more ambitious US climate change policies. Therefore in the US,  to determine the actual reasons for domestic action on climate change it is not sufficient to examine the claims of the administrative branch of government alone, one must examine the arguments made by opponents of climate change that have successfully blocked stronger climate change action by the government. And so, one cannot escape the conclusion that the basis for the US commitments on climate change include alleged unacceptable costs of more aggressive climate change policies to the US  economy, matters of economic self-interest rather than global responsibility.

Although both the scientific uncertainty and cost arguments made in opposition to US climate law and policies can be shown to be ethically problematic because they ignore US ethical obligations to others (see Brown, 2012b, pp57–137), these arguments neither have been examined in the US press nor identified by the US government. With very few exceptions, the US press has utterly failed to cover climate change as an ethical and moral issue while focusing on the scientific and economic arguments against taking action that have been made by opponents of US climate change policies for almost 30 years. (Brown, 2009 ; Brown, 2012a) By focusing on the cost issues to the US economy, the US press has reinforced the ethically problematic notion that cost to the US economy alone is an acceptable justification for inaction on climate change.

The US debate on climate change has ignored the fact that when the United States ratified the United Nations Framework Convention on Climate Change in 1992 it agreed that nations:

“[H]ave, in accordance with the Charter of the United Nations and the principles of international law… the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.” (UNFCCC, 1992, Preamble)

As explained above, the United States government has not explained how the US ghg emissions reduction commitments took into consideration justice and equity issues in establishing US emissions reduction targets. Although the Obama administration is likely doing as much as it can under existing law, it would have to admit that its current commitments do not represent the US fair share of safe global emissions.

Reasonable arguments can be made about which of the equity frameworks that have attracted international attention and respect should be applied to any nation’s INDC.  An examination of the arguments for and against specific equity frameworks that have received international attention and respect is beyond the scope of this article.  (For a discussion of the merits of various equity frameworks see, Brown, 2014)  However, it is not necessary to agree on an equity framework to conclude that some national commitments fail to pass minimum ethical scrutiny. As we noted above it is not necessary to know what perfect justice requires to spot injustice. The US current ghg emissions reductions commitments clearly fail to pass minimum ethical scrutiny for reasons stated here and summarized below. The United States had an opportunity to explain its justification for why its INDC was fair and sufficiently ambitious when it submitted its INDC. In fact the decision at COP 2o in Lima in December of 2014 encouraged the United States and all countries to explain why its INDC was fair and sufficiently ambitious to prevent dangerous climate change. The United States chose not to do this.

D. Summary 

In summary, a strong case can be made that the US emissions reduction commitment for 2025 of 26% to 28% clearly fails to pass minimum ethical scrutiny when one considers: (a) the 2007 IPCC report on which the US likely relied upon to establish a 80% reduction target by 2050 also called for 25% to 40% reduction by developed countries by 2020, and (b) although reasonable people may disagree with  what “equity” means under the UNFCCC, the US commitments can’t be reconciled with any reasonable interpretation of what “equity” requires, (c) the United States has expressly acknowledged that its commitments are based upon what can be achieved under existing US law not on what is required of it as a mater of justice, (d) it is clear that more ambitious US commitments have been blocked by arguments that alleged unacceptable costs to the US economy,  arguments which have ignored US responsibilities to those most vulnerable to climate change, and (e) it is virtually certain that the US commitments can not be construed to be a fair allocation of the remaining carbon budget that is available for the entire world to limit warming to 2°C.

References

Brown, B. and Brown, D. (2015) Commonly Unrecognized Benefits of a Human Rights Approach to Climate Change, in L.Westra, C. Gray, and V. Karageorgou (eds.) Ecological Systems Integrity: Governance, Law, and Human Rights, Earthscan Routledge, in press.

Brown, D. (2009) ‘The most crucial missing element in U.S. media coverage of climate change: The ethical duty to reduce GHG emissions’, ThinkProgress, 14 August 2009, http://thinkprogress.org/climate/2009/08/14/204506/media-climate-ethics-reduce-ghg-emissions/, accessed 22 July 2014.

Brown, D. (2012a) ‘The US media’s grave failure to communicate the significance of understanding climate change as a civilization challenging ethical issue’, ethicsandclimate.org, http://blogs.law.widener.edu/climate/2012/10/31/the-us-medias-grave-failure-to-communicate-the-significance-of-understanding-climate-change-as-a-civilization-challenging-ethical-issue/, accessed 22 July 2014

Brown, D. (2012b) ‘Navigating the Perfect Moral Storm: Climate Change Ethics in Light of a Thirty-Five Year Debate’, Routledge-Earthscan, New York.

Brown, D. (2014) 10 Reasons Why “Contraction and Convergence” Is Still The Most Preferable Equity Framework for Allocating National GHG Targets . http://blogs.law.widener.edu/climate/?s=contraction+and+convergence#sthash.9C4qxVSx.dpuf

Buiti, C. (2011) The tortuous road to liability: A critical survey of climate change litigation in Europe and America, Sustainable Development Law and Policy, Vol 11, Issue II, Retrieved from http;//digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1467

G8 (2009) Responsible Leadership for  a Sustainable Future,  http://www.g8italia2009.it/static/G8_Allegato/G8_Declaration_08_07_09_final,0.pdf

Intergovernmental Panel on Climate Change (IPCC), (2013) Working Group I, The Physical Science Basis, Summary for Policymakers, http://www.climatechange2013.org/images/report/WG1AR5_SPM_FINAL.pdf, accessed 22 July 2014

Intergovernmental Panel on Climate Change (IPCC 2007a), “Summary for Policymakers,” in Bert Metz et al., eds, Climate Change 2007: Mitigation. Contribution of Working group III to the Fourth Assessment Report of the IPCC, https://www.ipcc.ch/publications_and_data/publications_and_data_reports.shtml

Intergovernmental Panel on Climate Change (IPCC 2007b) (New York, NY: Cambridge University Press, 2007), 23. Available
online at http://www.ipcc.ch/pdf/assessment-report/ar4/wg3/ar4-wg3-spm.pdf.

Intergovernmental Panel on Climate Change (IPCC) (2014) Working Group III, Mitigation of climate change, social and economic dimensions, Retrieved from http://www.ipcc.ch/report/ar5/wg3/http://www.ipcc.ch/report/ar5/wg3/

Light, A. (2014) Communication with Donald A. Brown in response to question about the justification for US position.

Narain, S. (2014) The bad China-US climate deal, Business Standard, http://www.business-standard.com/article/opinion/sunita-narain-the-bad-china-us-climate-deal-11411230

Obama, B. (2014) ‘Remarks by the President on Climate Change’, Georgetown University, White House Press Office, 25 June, http://www.whitehouse.gov/the-press-office/2013/06/25/remarks-president-climate-change, accessed 22 July 2014.

Pidcock, R. (2013) ‘Carbon briefing: Making sense of the IPCC’s new carbon budget,  http://www.carbonbrief.org/blog/2013/10/carbon-briefing-making-sense-of-the-ipcc’s-new-carbon-budget/

United Nations (UN), (1992) The Rio Declaration on Environment and Development’, UN Document A/CONF.151/26.

United Nations Framework Convention on Climate Change (UNFCCC) (1992) 1771 UNTS 107; S. Treaty Doc No. 102-38; U.N. Doc. A/AC.237/18 (Part II)/Add.1; 31 ILM 849

UNFCCC (2014b) Lima Call for Climate Action, http://unfccc.int/files/meetings/lima_dec_2014/application/pdf/auv_cop20_lima_call_for_climate_action.pdf

US White House, (2014), FACT SHEET: U.S.-China Joint Announcement on Climate Change and Clean Energy Cooperation, http://wGww.whitehouse.gov/the-press-office/2014/11/11/fact-sheet-us-china-joint-anG Resources Institute (WRI) (2014) ‘Cumulative Emissions’, Chapter 6 in Navigating the Numbers: Greenhouse Gas Data and International Climate Policy, date undetermined, http://pdf.wri.org/navigating_numbers_chapter6.pdf, accessed 22 July 2014

United States, 2015, US Cover Note on its INDC, http://www4.unfccc.int/submissions/INDC/Submission%20Pages/submissions.aspx

Questions That Should Be Asked Of Politicians And Others Who Oppose National Action On Climate Change On The Basis Of Scientific Uncertainty Or Unacceptable Cost To The Economy Given That Climate Change Is A Profound Global Justice And Ethical Problem

Bathtub revised 1pptx

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

Questions that should be asked of those opposing national action on climate change on the basis of cost to the national economy:

1. When you claim that a government emitting high levels of ghgs need not reduce its ghg emissions because the costs to it of so doing are too high, do you deny that high-emitting governments not only have economic interests in climate change policies but also duties and obligations to tens of millions of people around the world who are most vulnerable to climate change’s harshest impacts?

2. If you argue that high costs to a nation of reducing its ghg emissions to its fair share of safe global ghg emissions justify non-action, how have you considered the increased harms and risks to poor vulnerable people and nations that will continue to grow as atmospheric ghg concentrations continue to rise? In other words how have you considered the harms to others that will be caused by government inaction on climate change?

3. If the justification for a nation to reduce its ghg emissions to its fair share of safe global emissions is that costs to it are too high, yet inaction causes loss of life and great harm to people outside the nation’s borders, is the use of a cost justification by a nation for non-action morally supportable?

4. Do you agree that those nations and people around the world who will most be harmed by climate change have a right to participate in a decision by a nation that chooses to not adopt climate change policies because costs to it are deemed unacceptable?

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

6. If you disagree that all nations have a duty to reduce their ghg emissions to their fair share of safe global emissions without regard to cost to it, do you also deny the applicability of the well-established international legal norm that almost all nations have agreed to in 1992 in the Rio Declaration on Environment and Development called the “polluter pays” principle which holds that polluters should pay for consequences of their pollution?

7. Do you agree that nations that have very high per capita and historical ghg emissions compared to other nations and so have contributed more than other nations to the rise of atmospheric concentrations of ghgs to dangerous levels have a greater duty to reduce their ghg emissions than nations that have done comparatively little to create the current threat of human-induced warming?

8. If you argue that the United States should not adopt climate change policies on the basis that economic competitors such as China have not adopted climate change policies, are you claiming that no nation has a duty to reduce its ghg emissions to its fair share of safe global emissions until all other nations reduce their ghg emissions accordingly?

9. In arguing that the United States or other high-emitting nations need not reduce their ghg emissions to their fair share of safe global emissions based on cost, how have you considered, if at all, that all nations have agreed in international climate negotiations to take steps to limit warming to 2 degree C because warming greater than this amount will not only create harsh impacts for tens of millions of people but runs the risk of creating rapid non-linear warming that will outstrip the ability of people and nations to adapt?

Questions that should be asked of those opposing national action on climate change on the basis of scientific uncertainty:

1. When you argue that a nation emitting high levels of ghgs need not adopt climate change policies because there is scientific uncertainty about adverse climate change impacts, are you arguing that a nation need not take action on climate change until scientific uncertainties are resolved given that waiting to resolve all scientific uncertainties before action is taken may very likely make it too late to prevent catastrophic climate change harms to millions of people around the world?

2. Do you deny that those who are most vulnerable to climate change’s harshest potential impacts have a right to participate in a decision about whether to wait to act to reduce the threat of climate change to them because of scientific uncertainty?

3. Given that mainstream climate change scientific view holds that the Earth could experience rapid non-linear climate change impacts which outstrip the ability of some people and nations to adapt, should this fact affect whether nations which emit high levels of ghgs should be able to use scientific uncertainty as an excuse for non-action on climate change?

4. What specific scientific references and sources do you rely upon to conclude that there is a reasonable scientific dispute about whether human actions are causing observable climate change and are you aware of the multiple “fingerprint” studies and “attribution” studies that very strongly point to human causation?

(Fingerprint studies draw conclusions about human causation that can be deduced from: (a) how the Earth warms in the upper and lower atmosphere, (b) warming in the oceans,(c) night-time vs day-time temperature increases,(d) energy escaping from the upper atmosphere versus energy trapped, (e) isotopes of CO2 in the atmosphere and coral that distinguish fossil CO2 from non-fossil CO2, (f) the height of the boundary between the lower and upper atmosphere, and (g) atmospheric oxygen levels decrease as CO2 levels increase. “Attribution” studies test whether the energy differences from those natural forces which have changed the Earth’s climate in the past such as changing radiation from the sun are capable of explaining observed temperature change.)

5. On what specific basis do you disregard the mainstream scientific view that holds that the Earth is warming, that the warming is mostly human caused, and that harsh impacts from warming are very likely under business-as-usual, conclusions supported by the Intergovernmental Panel on Climate Change,  the United States Academy of Sciences and over a hundred of the most prestigious scientific organizations in the world whose membership includes scientists with expertise relevant to the science of climate change including the American Association for the Advancement of Science, the American Geophysical Union, the American Institute of Physics, the American Meteorological Society, the Royal Meteorological Society, and the Royal Society of the UK and according to the American Academy of Sciences 97 percent of scientists who actually do peer-reviewed research on climate change?

6. When you claim that a nation such as the United States which emits high levels of ghgs need not adopt climate change policies because adverse human-induced climate change impacts have not yet been proven, are you claiming that climate change skeptics have proven that human-induced climate change will not create harsh adverse impacts to the human health and the ecological systems of others on which their lives often depend and if so what is that proof?

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

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

8. If a nation emitting high levels of ghgs refuses to reduce its emissions to its fair share of safe global emissions on the basis that there is too much scientific uncertainty to warrant action, if it turns out that human-induced climate change actually greatly harms the health and ecological systems on which life depends for tens of millions of others, should that nation be responsible for the harms that could have been avoided if preventative action had been taken earlier?

 

By:

Donald A. Brown

Widener University School Of Law

dabrown57@gmail.com

Lessons Learned From How Nations Are Actually Considering or Ignoring Ethics and Justice In Formulating Climate Policies.

Research Project on Ethics and Justice in Formulating

If to avoid catastrophic climate change nations must increase their commitments  to reduce ghg emissions to levels required of them based upon ethics and justice, how are nations actually considering or ignoring ethics and justice in formulating their climate change policies and what lessons can be learned from this?

A project of Widener University School of Law and Auckland University School of Architecture and Planning has examined how 17 nations have actually considered or ignored ethics and justice in formulating national climate change policies as the first phase of the project’s continuing investigation of these questions.  These nations include: Australia, Bolivia, Canada, China, Fiji, Italy, Japan, Kenya, Mauritius, the Netherlands, New Zealand, Russia, South Africa, South Korea, Thailand, Uganda, and the United States of America.

 These reports can be found either in a free book downloadable on the project’s website, nationalclimatejustice.org  or posted directly on the website.

 The following section summarizes the lessons learned from the above national reports which can be found on this website or in the book which can be downloaded here.
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, for example, include Australia, Canada, and New Zealand.
.2. Although any national ghg emissions reduction commitment is implicitly a position on two ethical questions, namely, first, what safe atmospheric ghg concentration level the commitment is designed to achieve and, second, what equity framework or principles of distributive justice the percent reduction is based on, 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 degree C and be derived from a fair  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 degree C. In fact, despite the almost universal acceptance by nations of the 2 degree 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 degree C warming limit. As a result the world is currently on target to hit warming of 3.7 degree C by 2100.
5. Those developed nations that have acknowledged that they should act to limit warming to to 2 degree C warming have not adopted emissions reduction targets at levels the IPCC recently concluded would be necessary to limit warming to 2 degree C 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; 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. 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, 10% of Chinese have ghg per capita are well above 10 % of US citizens ghg per capita., China has more than 1.123 millionaires and more people with wealth over 50 million than any country except USA. By 2018 China is expected to have 2.1 millionaires. One of the ethical issues raised by these facts is 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 are failing to frame climate change issues on the basis of ethics, justice, and equity including those in Australia, Canada, and the United States
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. 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.
15. 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.
16. Several countries including Canada have made commitments to reduce ghg emissions but not adopted the regulatory programs needed to achieve their commitments.
17. Several governments including Canada have domestic legal obligations to protect vulnerable minorities from climate change which they are not fulfilling.
18. 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,
19. Most nations have not created programs to encourage individuals to greatly reduce their carbon footprint.
20. Some non-Annex 1 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 Afrrica, despite being a non-Annex 1 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 degree 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 below business as usual, 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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 (South Africa and Uganda).
26. Two national reports revealed some reference to the concept of contraction and convergence, but no nation is implementing this approach.
27. No national reports deny responsibility for contributions to adaptation and loses and damages, but no nations have made an express link between their ethical responsibility for supporting adaption and compensation for losses and danages in vulnerable countries and what they have committed to. Adaptation contributions seem to be left to the largess or interests of individual nations, leaving them free to withdraw (e.g., 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.
28. 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.
Recommendations 
Recommendations on how to improve consideration of ethics and justice in policy formation in light of these lessons learned include:
a. 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.
b. 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.
c. 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.
d. 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.
e. NGOs should justify their policy and action recommendations on ethical grounds.
f. 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.
g. Training for policy-makers, national politicians, and NGOs on the ethical issues inherent in climate change policy is urgently needed.       
Additional Researchers Sought

The project is looking for additional researchers for other countries who will agree to answer 10 questions about how a nation has considered or ignored ethics and justice in formulating their national climate policies. Instructions for researchers who would be willing to complete the research for other countries are also available on nationalclimatejustice.org.

The report on the United States found on the website contains a new analysis of the extent to which the United States took ethics and justice into account when President Obama committed to new emissions reductions in its announcement with China in November.
The project actively seeks comments on these reports. As new commitments are expected to made by the end of March to the UNFCCC under the Lima Call To  Action which may include for the first time information on the adequacy and fairness of thee emissions targets, the project hopes to up date these reports as new commitments are made.
By:
Donald A. Brown
Scholar In Residence and Professor
Widener University School of Law

New Very Helpful Website on Climate Equity

 

 

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.

Slide22

By:

Donald A. Brown

Scholar in Residence and Professor

Widener University School of Law

dabrown57@gmail.com

A Call for Researchers on A Project On Deepening National Responses to Climate Change On The Basis of Ethics and Justice

This is a call for researchers in different nations to investigate how national debates about climate change policies have expressly considered or not ethics and justice issues in formulating climate policies. So far we have researchers who have committed to produce papers on Australia, Bangladesh, Cameroon, Canada, Chile, China, Equator, Germany, Ghana, India, Japan, Kenya, Netherlands, Nigeria, Malawi, Mauritius, Marshall Islands, Nepal, Panama, Russia, South Africa, South Korea, Thailand, Turkey, Uganda, United Kingdom, and USA.

We are also looking for researchers from other nations.

The following description of the project:

  • explains the purpose and urgency of the research,
  • includes a research template that includes 10 questions that entail the research questions to be answered,
  • describes procedures for researchers who wish to become involved,
  • explains that the research will become part of a peer-reviewed publication to be published initially as a book and later as an ongoing web-based project, and
  • identifies additional guidelines on producing the research papers.

This new project has been organized by Widener University School of Law, Environmental Law Center and the University of Auckland, School of Architecture and Planning. As the following explains, those interested in participating in the research project should email Prue Taylor at the University of Aukland at prue.taylor@auckland.ac.nz and Donald Brown at Widener University School of Law at dabrown57@gmail.com indicating your interest and the nation you will research.

Research Project on Ethics and Justice in Formulating

A.    The Need for Research

This program will encourage researchers around the world to investigate how individual nations have or have not taken ethics and justice into account in their national responses to climate change.

There is widespread agreement among many observers of international attempts to achieve a global solution to climate change that there is little hope of preventing dangerous climate change unless nations take their equity and justice obligations into account in setting national responses to climate change. In ratifying the United Nations Framework Convention on Climate Change (UNFCCC), nations agreed to adopt policies and measures based upon “equity” to prevent dangerous anthropogenic interference with the climate system.  Yet, many nations continue to make national commitments under the UNFCCC as if national economic self-interest rather than ethical obligations is an adequate basis for determining national policies on climate change.  As a result there is a huge gap between national commitments to reduce greenhouse gas (ghg) emissions that have been made thus far under the UNFCCC and global ghg emissions reductions that are necessary to limit warming to 2 oC, a warming limit that has been agreed to by the international community as necessary to prevent very dangerous climate change.

The research agenda outlined below seeks to develop information and analyses that could be helpful in ensuring that nations take equity and justice seriously when making national commitments on climate change.  Experience with international human rights regimes demonstrates that national performance on ethical and justice issues can be improved through the development of publically available records of national compliance with justice obligations. If records were available on national compliance with ethical obligations for climate change, they could be used both by the international community to pressure nations to improve performance on their climate change ethical obligations and also create a factual basis that could be used by citizens within the nation to ensure that the national climate change policies consider ethical obligations in setting their emissions targets. Currently there is no international database on how nations have taken equity and justice into account in setting national ghg reduction target or other wise responded to the ethical dimensions of climate change.

This research project calls upon researchers around the world to examine the issues outlined in the template below.

This is a project of Widener University School of Law and the University of Auckland who will manage the project and provide results to interested governments, NGOs students and citizens and publish the research and summaries of this work.

B.    Research Template

Focusing on a nation’s response to climate change in respect to policies adopted or under consideration, the researcher will examine the following issues, ideally over at least the last 5 years:

  1. To what extent has the national debate about how the nation should respond to climate change by setting a ghg emissions reduction target expressly considered that the nation not only has economic interests in setting the target but also ethical obligations to those who are most vulnerable to climate change and that any national ghg emission reduction target must represent the nation’s fair share of safe global emission.  In answering this question, identify the national ghg emissions reduction target, if any, that the nation has committed to under the United Nations Framework Convention on Climate Change (UNFCCC).
  2. In making a national commitment to reduce ghg emissions under the UNFCCC, to what extent, if at all, has the nation explained how it took equity and justice into consideration in setting its ghg emissions reduction target.
  3. Given that any national ghg emissions target is implicitly a position on achieving an atmospheric ghg concentration that will avoid dangerous climate change, to what extent has the nation identified the ghg atmospheric concentration stabilization level that the national emissions reduction target seeks to achieve in cooperation with other nations.
  4. Given that any national ghg emissions target is implicitly a position on the nation’s fair share of safe global emissions, to what extent has the nation identified the ethical and justice considerations that it took into account in allocating a percentage of global ghg emissions to the nation through the identification of a ghg emissions reduction commitment.
  5. To what extent, if at all, has the nation acknowledged that nation’s emitting ghg above their its share of safe global emissions have a responsibility to fund reasonable adaptation measures or unavoidable losses and damages in poor developing countries.
  6. What formal mechanisms are available in the nation for citizens, NGOs and other interested organizations to question/contest the nation’s ethical position on climate change?
  7. How is the concept of climate justice understood by the current government? Have they articulated any position on climate justice issues that arise in setting ghg emissions policy or in regard to the adaptation needs of vulnerable nations or people?
  8. Are you aware of any regional, state, provincial, or local governments in your country that has acknowledged some ethical responsibility for climate change? If so, what have they said?
  9. Has your national government taken any position on or other wise encouraged individuals, businesses, organizations, subnational governments, or other entities that they have some ethical duty to reduce greenhouse gas emissions.
  10.  What recommendations would you make to get the nation or civil society to take ethics and justice issues seriously in climate change policy formulation?

C.   Procedures

Researchers interested in participating in this project should send an email to Prue Taylor Prue.taylor@auckland.ac.nz  and Donald Brown at dabrown57@gmail.com

Please indicate the country you will be working on and include a bio.

We will then acknowledge your willingness to participate and provide any additional information.

Questions should be directed to Prue Taylor or Donald Brown at above email.

First drafts of Report due September 5th. 2014

D.  Additional Guidelines for Research Papers.

  • Each paper should be limited to 8 single spaced pages (16 doubled spaced) or about 3000 words.
  •  First drafts of the  papers should be submitted  by September 5, 2014 to myself and Prue Taylor from the University of Auckland for those researchers that desire to be published in the initial book on the topic.
  • Research papers received after this date will be published on the project website which is under construction. We expect this work will continue to be updated by additional papers on the website and that eventually the website will be the main method of publishing the research work.
  • Approximately the first 10 papers which are relieved and pass a quality control review will be published in the initial book which is part of phase one of this project.
  • All papers should follow the format of Earthcan/Routledge which follows.

Format guidelines for authors:

The following guidelines are provided to help you in the preparation of your manuscript,

• Text files must be supplied as Word documents containing plain text with no formatting (such as linked footnotes, section numbers, etc.) and no embedded images.

• Please use Oxford English spelling: -ize endings for words such as ‘organize’ and ‘dramatization’; ‘analyse’, not ‘analyze’; ‘colour’, not ‘color’; ‘labelling’, not ‘labeling’, etc.

• Figures and tables must have captions, e.g. Figure 1.1 The poverty spiral. Note the convention of giving the number in bold and the caption in italics.

• Tables should appear in the chapter file, at the appropriate point in the text, with the caption above the table and note and source (if applicable) below. If the table is particularly large or complex it may be best to supply it as a separate file, as for figures.

• Figures must be supplied as separate files (i.e. not embedded within the text files) with the filename clearly identifying it, e.g. Figure 1-1.jpg for Figure 1.1. Preferred file types are jpeg or tif. Try to avoid sending images embedded in Word documents. Please supply line diagrams and graphs in black and white only (not colour) unless you have specific agreement that they will be printed in colour. The text file should just include the caption (and source and note if applicable) in the appropriate place in the text to indicate the correct position for the typesetter.

• Image size, when resolution is set to 300dpi, should be as close as possible to the size at which the image is likely to appear in the book. Often this will mean a width of 120mm, although it obviously depends on the chosen dimensions for the book.

• Provide full details of source for figures and tables, even if the work is your own. You must obtain permission for Earthscan/Routledge to use any material you submit.

• Cite references in the text using the Harvard system of author name and date. For three or more authors use the first author’s name followed by et al. If citing more than one reference consecutively put them in date order, e.g. (Heard, 1984; Heard and Tyler, 1989, 1995; Adams, 1998; Adams et al, 1998).

• Follow the style of referencing in the following examples:

Dyer, C. (1996) ‘Evidence rules plea rejected’, The Guardian, 10 July, p4

Edwards, M. F. and Hulme, D. (1992) Making a Difference, Earthscan, London

Hawken, P. (1996) ‘A teasing irony’, in R. Welford and R. Starkey (eds) The Earthscan Reader in Business and the Environment, Earthscan, London

Hawken, P. and James, M. R. (1995) ‘Biodiversity to go: The hidden costs of beef consumption’, Chinese Biodiversity, vol 4, no 3, pp145–152

Joly, C. (2001) ‘Is enlightened capitalism possible?’, http://www.storebrand.com/enlightened.htm, accessed 30 January 2002

Jones, A. (1984a) ‘Sustainability and the environment’, PhD thesis, University of Kent at Canterbury, UK

Jones, A. (1984b) Environmental Sustainability, Smith Press, Sunyani, Ghana

• Notes should be placed at the end of your contribution under their own section. Please do not use footnotes or automatic notes/note numbering.

Additional Formatting Instructions

NOTES FOR AUTHORS AND EDITORS

The following guidelines are provided to help you in the preparation of your manuscript, and to ensure the book’s smooth progress through the editorial production process. The most important points are summarized below, while the following pages go into more detail

• TEXT FILES must be supplied as Word documents containing plain text with no formatting (such as linked footnotes, section numbers, etc.) and no embedded images.

• FIGURES must be supplied as separate files (i.e. not embedded within the text files) and should be clearly and logically labelled with the same name as is used to refer to the figure in the text file (see following pages for the best way to label figures). Do not send duplicate or extraneous images. The image files supplied should be all, and only, those to appear in the book

HOW AND WHAT TO SUBMIT

 

• Electronic files for both text and figures can be supplied to you editor and editorial assistant as attachments by e-mail. If the figures add up to more than about 10MB in total it is likely to be simpler to supply them by posting them on a CD.

• Please save the text using one Word document for each chapter. Additional material such as the contents or list of figures should also be supplied using a separate document for each, clearly labelled.

• Please advise the editor if anything is missing and has to be supplied at a later date. Often we can start production work on a book with the knowledge that, for example, the acknowledgements will be supplied later. It is important to know exactly what is missing and when you will be able to supply it in order to be sure that it will not disrupt the production schedule.

TEXT PRESENTATION

GENERAL POINTS

• Please do not insert linked footnotes/endnotes, embedded figures or any other complicated coding.

• The whole text file should be in plain 12-point type, double-spaced. Avoid unnecessary carriage returns; one carriage return at the end of a paragraph is sufficient. Do not use larger type or bold/italic for headings – see note below on distinguishing levels of heading. Bold and italic should be used only within the main text where necessary (see notes below under House Style heading)

 

HEADINGS

• Avoid numbering your headings unless the text is complex and would be confusing to follow without reference to numbered headings.

• Code them clearly with square bracket tags according to the level of emphasis needed, i.e. ‘[a]’ for the most important headings, ‘[b]’ for the next sub-level and so on. Do not leave a space after the tag and the text that it codes. For example:

[a]Public policy

[b]Green taxes

[c]The EU carbon tax

• It is fine if you only need to use [a] and [b] headings, or even just [a] headings. It is best to avoid more than four levels of heading (i.e. [a], [b], [c] and [d]).

LISTS

• You may wish to have bulleted or numbered lists. Only use the latter where there is a clear hierarchy in the list entries, or if the preceding statement warrants it (e.g. ‘There are four points to be borne in mind…’).

• Avoid lists with very long entries – it is often less confusing to use subheadings.

• Insert one hard carriage return before and after the list (i.e. one line space above and below) and a tag at the start indicating either bulleted list or numbered list.

• Numbers followed by one character space will indicate a numbered list:

1 First point in a numbered list

2 Second point in a numbered list

3 Third point in a numbered list.

 

• Bulleted lists should have a double asterisk to represent each new point:

** First point in a bulleted list

** Second point in a bulleted list

** Third point in a bulleted list.

CAPTIONS FOR FIGURES AND TABLES

• Figures and tables must have captions, e.g. Figure 1.1 The poverty spiral. Note the convention of giving the number in bold and the caption in italics.

• Tables should appear in the chapter file, at the appropriate point in the text, with the caption (and note and source if applicable) above the table. If the table is particularly large or complex it may be best to supply it as a separate file, as for figures.

• Figures must be supplied separately (see below for more about this) so the text file should just include the caption (and source and note if applicable) in the appropriate place in the text to indicate the correct position for the typesetter. If the figure is referred to in the text the position should obviously be as near as possible to that mention.

• Provide full details of source, even if the work is your own. You must obtain permission for Earthscan/Routledge to use any material you submit (see note on Permissions, below).

TEXT BOXES

• Do not use any special formatting for boxes.

• As for tables and figure captions, boxes should be included within the text file at the point in the text at which they are intended to appear.

• Insert the square bracket tags [!box!]’ and [!box ends!] at the start and finish of the box text.

• Insert a caption at the top of the box (i.e. below the [!box!] tag and above the box text), e.g. Box 3.4 Information about boxes

NOTES

• Notes will be grouped together as endnotes, either at the end of each chapter or in one section, grouped by chapter, at the back of the book. The sequence of numbers in each chapter should start at ‘1’ rather than having one consecutive list throughout the entire book.

• Do not use automatic footnote and endnote features in Word.

• Number the notes consecutively with Arabic numerals, ie ‘1’, ‘2’.

• List the notes at the end of your chapter under an [a]-level heading ‘Notes’.

• The superscript note number in the main text should be placed after punctuation, such as when it comes at the end of a sentence or refers to bracketed text. For example:

The revised tests (based on research carried out in the early 1970s)1,2 were adopted worldwide.3

 

REFERENCES

• If you quote material from another author’s work, please make sure that you have quoted the passages correctly and supplied an accurate reference. References will be grouped together at the end of each chapter, or at the back of the book grouped by chapter.

• Cite references in the text using the Harvard system of author name and date. For three or more authors use the first author’s name followed by et al. If citing more than one reference consecutively put them in date order, e.g. (Heard, 1984; Heard and Tyler, 1989, 1995; Adams, 1998; Adams et al, 1998).

• We prefer to avoid use of op cit, ibid and idem. Please simply repeat the citation as appropriate.

• Include page references where possible, if it will help the reader. They can be either with the citation in the text (e.g. Heard, 1984, p21) or at the end of the full reference; including them with the short citation allows you to use several citations for different pages of a publication with one reference at the end.

• List your references at the end of each chapter under an [a]-level heading ‘References’. They should be in alphabetical order by surname of author. In this full list of references, include the names of all authors (not ‘et al’).

• If more than one work by the same author is referenced, these should be in date order. Use letters beside the year of publication if two or more by the same author appeared in the same year, as in the Jones examples below; make sure that the citation in the text includes the correct letter).

• Book publications must include both the publisher’s name and their location (town or city), stating the country as well as the if it is not obvious. For American publishers we prefer the town/city name to be followed by the two-letter state abbreviation, e.g. Boston, MA

• Internet references should give an exact URL for what is referred to rather than just a home page address, and include a note of when the page was accessed (see Jones, 1984a below). Often it is not possible to be sure of date of publication, in which case put ‘(undated)’. If something has both a print and a web reference (as for many newspaper articles) please give a full print reference if possible, and the URL can be added on the end optionally.

PERMISSIONS

It is the author’s responsibility to clear permission to reproduce material protected by copyright; the publisher is indemnified against breaches of copyright by the author in the contract. It is usually considered unnecessary to clear permission for text extracts shorter than 400 words, but if you are in any doubt, check with the copyright holder.

CONTENTIOUS MATERIAL

Avoid using material which may give offence to readers. Racist and sexist remarks are unacceptable; please avoid sexual stereotypes. It is the author’s responsibility to check the accuracy of the material before it reaches the publisher. It is particularly important that any defamatory or potentially libellous material is checked carefully by a lawyer with competence in that field, and revised as necessary.

 

IMAGE FILES (FIGURES)

GENERAL POINTS

• We prefer to receive files as tif, jpeg or eps format. Please check with us if you intend to submit figures in other file formats. It is best to avoid using Word documents with photographs or other image files embedded in them; it will result in additional work and poorer quality.

• We can accept hard copy (e.g. photographs or transparencies) although the cost of scanning them to produce an electronic file may be passed on (see next point).

• If figures are not supplied in the ideal format or to specifications outlined below we are likely to need to carry out additional work on the files or have the figure redrawn, and the cost of this is usually passed on to the author.

 

ELECTRONIC SPECIFICATIONS

• Please provide figures to be reproduced in monochrome as black and white (‘grayscale’) images, and provide colour figures as CMYK, not RGB.

• Image size, when resolution is set to 300dpi, should be as close as possible to the size at which the image is likely to appear in the book. Often this will mean a width of 120mm, although it obviously depends on the chosen dimensions for the book.

• Save each image file using the name of the figure as referred to in the chapter text, e.g. ‘Figure 1.1.tif’. If a Figure is made up of multiple images they may be saved as ‘Figure 1.1a.tif’, ‘Figure 1.1b.tif’, etc.

• If you are creating a diagram, graph, etc. yourself, it’s preferable to use 8pt Helvetica font for any labelling (assuming the figure is at the correct size). Do not include the figure caption, source or notes in the illustration. These will be inserted in the appropriate position in the main text

HOUSE STYLE

Please write clearly, with your intended audience in mind, so that your text is accessible to the appropriate level of readership. Jargon is acceptable in technical texts, but should be kept to a minimum in more general texts, and should be explained thoroughly on first usage.

SPELLING

• Use ‘ize’/’ization’ rather than ‘ise’/’isation’ spellings for words like realize, organization, specialize etc. Note that some words – generally those that don’t stem from Latin – cannot take ‘ize’, e.g. analyse, comprise, revise (check in an Oxford English Dictionary if in doubt). However, ‘ise’/’isation’ spellings in certain proper names should be retained (e.g. Organisation for Economic Co-operation and Development).

• Use UK English rather than US English.

CAPITALIZATION

• Keep to a minimum. Don’t use capitals for words like ‘company’ or ‘manager’. Use lower case for generic references (‘European universities’); capitals for specifics (‘the University of Bristol’)

ACRONYMS AND ABBREVIATIONS

• Spell out in full the first time that they are used, e.g. ‘International Institute for Environment and Development (IIED)’. Thereafter, the short form only need be given.

• Extremely common abbreviations need not be explained, e.g. TV, CD, BBC.

• Please provide a list of all acronyms and abbreviations used

BOLD AND ITALICS

• Italics are no longer used for common foreign words or phrases (et al, inter alia etc.), but may be used for more obscure ones.

• Italics should be used for the names of books, newspapers, journals, paintings, plays, films, TV series and ships (government papers or policy statements usually appear in inverted commas). The rule is essentially that anything that is a complete thing in itself takes italics (and initial capital for all main words) whereas anything that is part of a work (e.g. a chapter in a book, an article in a journal, a poem from a collection, a particular episode of a TV series) should be unitalicized but within inverted commas.

• Use italics sparingly for emphasis.

• Bold should be used very sparingly. It can be useful in adding your own emphasis within a quoted passage (in which case note ‘[emphasis added]’ at end of quote) and to highlight terms in, for example, a glossary or a lis

NUMBERS AND MEASUREMENTS

• Use metric units with no space between the numeral and abbreviation, e.g. ‘3055km’.

• Currencies other than £, euros or US$ should be converted to one of those three currencies and used instead of or (in brackets) in addition to the currency referred to.

• Use a comma as a separator in numbers over 9999, e.g. 41,500. However no comma is necessary for lower values.

PUNCTUATION

• Do not use a comma before the penultimate entry in a list, e.g. use ‘rats, mice, gerbils and guinea pigs’, not ‘rats, mice, gerbils, and guinea pigs’.

• Use single quotation marks to denote speech; only use double quotation marks when speech is being reported within an extant set of quotation marks.

• No full stops after contractions such as Dr, Mr, Ms, ed for editor, BUT full stops after etc., or in e.g., i.e., and after initials of people’s names: J. B. Smith)

 

WEB ADDRESSES

• There is no need for ‘http://’ before ‘www’; e.g. ‘www.earthscan.co.uk’ not ‘http://www.earthscan.co.uk’. But keep the full form in URLs such as http://en.wikipedia.org/wiki/World_population.

• Punctuate as normal, i.e. if a web address comes at the end of a sentence in the main text it should take a full stop but not if it comes at the end of a reference.

If there are questions about format issues please direct to Prue Taylor prue.taylor@auckland.ac.nz

 By:

Donald A. Brown

Scholar In Residence and Professor

Widener University School Of Law

dabrown57@gmail.com

 

Prue Taylor

Deputy Director

New Zealand Center for Environmental Law

University of Auckland

Auckland, New Zealand
prue.taylor@auckland.ac.nz