The Banal Evil of Joe Manchin and the Inadequate Media Response

Why Developed Nations Should Support Mechanisms For Financing Needed Adaptation and Loss and Damages From Climate Harms That Create Climate Change Refugees

 

 

 

I. Introduction

This is the first article in a two-part series that explains why developed countries should support the creation and support of mechanisms under the UNFCCC for financing climate change adaptation in developing countries and compensating for climate change induced losses and damages which create or adversely affect climate refugees. After describing the major focus of recent international negotiations on climate change, the entry will explain why developed nations should support the creation of a financing  mechanism to compensate for loss and damages from harms that have created climate change refugees or adversely affect climate refugees. The article discusses the following topics:

Part 1

II.  Climate Change at Current Atmospheric CO2 Concentrations Is Already Creating Millions of Refugees and Threatens to Cause Many Millions More. 

III. The Recent National Climate Change Policy Preoccupation with Achieving Paris Agreement Warming Limit Goals of As Close as Possible to 1.5 C but no greater than 2.0 C although Very Appropriate has taken Focus off Policy to Prevent and Deal with Refugees.

IV. The Climate Regime Fails to Adequately Deal with Harms and Damages

Part 2

V. Customary International Law On Damages and Compensation

VI. National Responsibility for Breach of the No Harm Rule

VII. The Opportunity to Act Has Long Existed

IX. Proportionate Measures Were Not Taken

XI. Why Developed Nations Should Support Increased Adaptation Funding and a Mechanism for funding Loss and Damages Related to Refugees.

Part 1

II. Climate Change Harms at Current Atmospheric CO2 Concentrations Are  Already Creating Millions of Refugees and Threatening to Cause Many Millions More. 

The most recent report of the Intergovernmental Panel on Climate Change released on March 1, 2022 found:

Human-induced climate change, including more frequent and intense extreme events, has caused widespread adverse impacts and related losses and damages to nature and people, beyond natural climate variability. ….. Vulnerability of ecosystems and people to climate change differs substantially among and within regions (very high confidence), driven by patterns of intersecting socio-economic development, unsustainable ocean and land use, inequity, marginalization, historical and ongoing patterns of inequity such as colonialism, and governance (high confidence). Approximately 3.3 to 3.6 billion people live in contexts that are highly vulnerable to climate change (high confidence). A high proportion of species is vulnerable to climate change (high confidence). Human and ecosystem vulnerability are interdependent (high confidence) (IPCC 6, 2022, Summary for Policy Makers), as global temperatures continue to rise, hundreds of millions of people could struggle against floods, deadly heat waves and water scarcity from severe drought, the report said. Mosquitoes carrying diseases like dengue and malaria will spread to new parts of the globe.  Crop failures could become more widespread, putting families in places like Africa and Asia at far greater risk of hunger and malnutrition. People unable to adapt to the enormous environmental shifts will end up suffering unavoidable loss or fleeing their homes, creating dislocation on a global scale.{IPCC 6, 2022)

Poor nations are far more exposed to climate risks than rich countries. Between 2010 and 2020, droughts, floods and storms killed 15 times as many people in highly vulnerable countries, including those in Africa and Asia, as in the wealthiest countries.(IPCC, 6 2022)

That disparity has fueled a contentious debate: “what the industrialized nations most responsible for greenhouse gas emissions owe developing countries.” Low-income nations want financial help, both to defend against future threats and to compensate for damages they can’t avoid. This issue will be a focus when governments meet for the next United Nations climate summit in Egypt in November (IPCC 6 2022).

To avert the most catastrophic impacts, nations need to quickly and sharply reduce emissions of carbon dioxide, methane and other greenhouse gases that are dangerously heating the planet (IPCC 6, 2022).

While serving as Program Manager for UN Organizations at US EPA during the US Clinton Administration, I was invited in 1997 to participate in war games being conducted by the US Army War College about parts of the world that could raise national security threats triggered by social disruption from climate change caused destabilization. One region the Army War College identified during these war games as being a potential source of global disruption was the drought prone regions of Syria. In 2007, a climate change induced drought began in Syria which lasted to 2010 and created 1.3 million refugees who eventually destabilized large parts of Europe  (Kelly 2015: 1)

The Army War College also during this time identified three countries in central America, Guatemala, Honduras, and El Salvador as vulnerable to climate change from agricultural areas in these countries are at risk to drought.

In recent years, tens of thousands of people have fled Central American countries  because of drought and extreme weather conditions that have made it difficult to grow crops. Yet when refugees from these countries have fled to the US-Mexican border, the US press almost always has failed to connect them to climate change nor the significant US role, along with other high-emitting nations, in creating the climate change impacts which have been making agriculture difficult or forced people to migrate brcause of flooding or water scarcity. This is so despite the fact that the US is the largest national emitter of historical GHG emissions. 

 

Maldives, one of the small island nations threatened by rising seas

This image demonstrates that 1 meter of sea level rise will threaten 15 million in Bangladesh and 1.5 meters endangers 18 million. Sea Level Change in Bangladesh, Center for Science Education (ucar.edu)

Many small island developing states are also particularly vulnerable to rising seas.

NOAA issued a report containing ominous new predictions of expected sea level rise which should increase concern about sea-level caused migrants even if the ice sheet collapse concerns don’t happen . This report predicted 1 foot of sea level rise by 2050 and two feet and by 2100. (NOAA, 2022).

U.S. coastline to see up to a foot of sea level rise by 2050 | National Oceanic and Atmospheric AdministrationThe 2008 Army War College report also warned that extreme weather events sometimes trigger large, unplanned population movements, and violence.

In October 2021, the US White House issued a report on climate change and migration. (US White House, 2021). This White House Report concluded that the climate crisis is reshaping our world, as the Earth’s climate is now changing faster than at any point in the history of modern civilization as defined by changes in average weather conditions. These include changes in temperature precipitation patterns, the frequency and severity of certain weather events, and other features of the climate system. When combined with physical, social, economic, and/or environmental vulnerabilities, climate change can undermine food, water, and economic security. Secondary effects of climate change can include displacement, loss of livelihoods, weakened governments, and in some cases political instability and conflict. (US White House 2021: 4)

The United Nations High Commissioner for Refugees (UNHCR) reported that an average of 21.5 million people were forcibly displaced each year by sudden onset weather-related hazards between 2008 and 2016, and thousands more from slow-onset hazards linked to climate change impacts. Hazards resulting from the increasing intensity and frequency of extreme weather events, such as abnormally heavy rainfall, prolonged droughts, desertification, environmental degradation, sea-level rise and cyclones are already causing an average of more than 20 million people to leave their homes and move to other areas in their countries each year (World Bank, 2018). Policy and programming efforts made today and in coming years will impact estimates of displaced people over the next two to three decades due in large measure to climate change impacts.(UNHCR 2021).

Among other issues related to potential US response to climate change induced migration, the US White House report listed relevant regional considerations in Africa, Asia, Central America. Middle East and North Africa, and Small Island States. (White House 2021: 14 -15).

While working as the Program Manager for United Nations Organizations for US EPA in 1997 while attending a Governing Council meeting of United Nations Environment Program (UNEP) at UNEP headquarters north of Nairobi Kenya, I took some time to visit an area in Kenya about 100 miles North of Nairobi where residents were suffering from drought. This experience made me aware of the horrific conditions that make desperate people leave their homes and run the great risks entailed by abandoning one’s home and country with the hope of finding an alternative place to live and eat in the face of uncertainty.

Many countries in the Sahel region in Africa, (the red area in the following image) are vulnerable to drought and have already created huge numbers of refugees many of whom have destabilized some European countries along with the Syrian refugees .


The UN Commissioner on Human Rights said :

Ninety percent of refugees under UNHCR’s mandate, and 70 percent of people displaced within their home countries by conflict and violence, come from countries on the front lines of the climate emergency.

They are vulnerable not only to extreme weather like floods or cyclones, but also to seeing their livelihoods dry up due to drought and desertification.

From Burkina Faso to Bangladesh, and from Afghanistan to Mozambique, climate change is increasing poverty, instability and human movement; it is fueling tensions and competition over dwindling resources.

(UNHCR, Climate Change is an Emergency for Everyone, Everywhere, 2021)

III. Although the Current Major Policy Preoccupation of Most Nations Has Been on Achieving the Paris Agreement’s Warming Limit Goals of As Close as Possible to 1.5 C but no greater than 2.0 C is Very Appropriate, Unfortunately this has taken Attention off Policies for Responding to Challenges from Swelling Numbers of Climate Refugees.

 The major climate policy preoccupation of the international community has been limiting warming to the 1.5 C to 2.0 C warming limit goals established in the Paris Agreement. This is understandable because warming in excess of these amounts can trigger catastrophic warming capable of leading to mass extinctions such as those that have been experienced at least five times in Earth’s history.

 

Rotary Club of Castro Velley. Climate Change: The Sixth Mass Extinction (castrovalleyrotary.org)

The recent international focus on policies needed to limit warming to no more than 2 C is also warranted because the international community is running out of time to prevent catastrophic warming that becomes much more likely if global temperature rise is more than 2.0 C above pre-industrial levels. The parties to the recent 2022 Glasgow UN COP climate negotiations explicitly reaffirmed in October 2021 the Paris Agreement temperature goal of holding the increase in the global average temperature to well below 2 C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels. (UNFCCC, COP 26, 2021: par 20)

The paper begins by describing climate change harms that threaten the international community with a special focus on harms that are creating millions of climate change refugees. The paper will use the term “refugees” to apply to all climate induced displaced persons although under international law, the term “refugee” does not connote all displaced persons, but only those who flee their nation because of fear of persecution or violence. A “refugee” is defined as a person who has crossed an international border “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion” (1951 Convention relating to the Status of Refugees). In some contexts, the definition extends to persons fleeing “events seriously disturbing public order.” (1969 OAU Convention 1984 Cartagena Declaration).

Climate change affects people inside a nation’s own borders and typically creates internal displacement before it reaches a level where it displaces people across borders. However, there may be situations where the refugee criteria of the 1951 Convention or the broader refugee criteria of regional refugee law frameworks could apply. People may have a valid claim for refugee status, for example, where the adverse effects of climate change interact with armed conflict and violence.

Climate change harms have created and will continue to adversely affect refugees around the world. These harms include sea level rise, glacial melting, changes in precipitation which cause flooding and drought, famine caused by drought, storm damage from extreme weather events, unbearable heat waves, wildfires, increases in the intensity of tropical storms, increases in tropical diseases, the  degradation of ecological systems including plants and animals on which people and animals depend, and the melting of ice masses which affect water supplies.

The current CO2 atmospheric concentration of approximately 419 ppm is lower than levels that existed during times which GHG levels triggered mass extinctions. In the following chart, the atmospheric CO2 concentrations which likely were responsible for or affected the severity of the extinction events are indicated by the red dots to coincide with notable extinction events. https://skepticalscience.com/co2-higher-in-past.htm

Although current CO2 atmospheric concentrations are lower than levels that triggered catastrophic warming in Earth’s history, there are tipping points in the Earth’s system that if destabilized could dangerously accelerate the rise in atmospheric CO2 concentrations by destabilizing other tipping points and accelerate warming.

(Stockholm Resilience Center)

The destabilization of some tipping points may potentially lead to ominous consequences caused by further destabilization of other tipping points creating a domino effect until atmosphere concentrations are at levels that previously caused mass extinctions. (Business Insider, 2020)

Several of these tipping points are now showing early signs of destabilization making needed reductions even more urgent.

Greenland Ice Sheet

For instance, a report of the US National Academy of Sciences in 2021 concluded the Western Greenland ice sheet is showing signs of tipping. (PNAS, 2021)

 

 

 

The Greenland ice sheet contains enough water to raise global sea levels by over 20 feet and its melting is accelerating. From 1992 to 2018, it lost close to four trillion tons of ice. While its disintegration is not likely to be abrupt, there could come a point beyond which its eventual collapse is irreversible. In fact, a recent study found that the accelerating retreat and thinning of Greenland’s glaciers that began 20 years ago is speeding the ice sheet toward total meltdown. One recent study concluded that glaciers on the island have shrunk so much, that even if global warming were to stop today, the ice sheet would continue shrinking. (Morgan McFall-Johnson, 2020). In other words, eventual complete Greenland melting is now likely beyond the point of no return.

West Antarctic Ice Sheet

The Thwaites Glacier on West Antarctica’s Amundsen Sea has lost a trillion tons of ice since the early 2000s, and some scientists believe it could be headed for an irreversible collapse, which could threaten a large part of the West Antarctic Ice Sheet [WAIS) and raise global sea levels by two feet or more.

Another new study found that if the WAIS melted, it could raise sea levels three feet more than previous projections of 10.5 feet. (Harvard, 2022)

If all the Antarctic and Greenland ice sheets melt, sea level will rise by 186 feet. Englander

 

Atlantic Meridonal Overturning Circulation (AMOC)

https://i0.wp.com/news.climate.columbia.edu/wp-content/uploads/2021/11/AMOC.jpg?w=584&ssl=1

The AMOC is one of the main global ocean currents and is critical to regulating climate. Cold salty water, which is dense and heavy, sinks deep into the ocean in the North Atlantic, and moves along the bottom until it rises to the surface near the equator, usually in the Pacific and Indian Oceans. But as glaciers and ice sheets melt, they add fresh, less dense water to the North Atlantic, which prevents the water from sinking and impedes circulation. This may be why AMOC has slowed 15 percent since the 1950s. A recent study found that the AMOC is in its weakest state in 1,000 years. Moreover, the latest climate models project that continued global warming could weaken the AMOC by 34 to 45 percent by 2100. (Cesar, 2022)

Amazon rainforest

The Amazon rain forest, the world’s largest tropical rain forest, stores 200 billion tons of carbon—equal to about five years of global carbon emissions from the burning of fossil fuels—and is home to millions of species of plants and wildlife. The moisture from the Amazon’s rainfall returns to the atmosphere from the soil through evaporation and from plants through transpiration The Amazon along with Boreal forests which are also degrading are carbon sinks which naturally remove atmospheric carbon. Their demise threaten to seed up warming.

If 20-25 percent of the Amazon were deforested, its tipping point could be crossed, according to one study. (Lovejoy, Nobre, 2018) Fewer trees would mean less evapotranspiration, and without enough rainfall to sustain itself, the Amazon could start to die back. In other words, parts of the rainforest could transition into a savanna, a drier ecosystem characterized by grasslands and few trees. In the process, it would potentially release 90 gigatons of CO2, exacerbating climate change. Crossing this tipping point would also result in the loss of biodiversity and ecosystem services, affect global weather patterns, and threaten the lives of 30 million people, including many indigenous, who depend on the rainforest to survive. One study found that dieback would occur if we reach 3°C of warming. Recent studies show worrisome signs of Amazon degradation. (Lovejoy, Nobre, 2018)

The Amazon is already feeling the effects of climate change, as over the last century, temperatures in the region have increased 1°C to 1.5°C.  The Amazon is experiencing longer and hotter dry seasons that make it more vulnerable to wildfires, reduced evapotranspiration in response to higher levels of CO2, and there are now more drought-tolerant tree species. (Lovejoy, Nobre, 2018)

Scientists are unsure whether the Amazon has a single overall tipping point, or when exactly it might be reached, and whether the ecosystem has some ability to adapt to changing conditions. But fires and drought could cause local changes that spread drying conditions to other regions because of an overall reduction of moisture. Twenty-eight percent of the eastern part of the Amazon is already losing more carbon than it is absorbing due to deforestation. And some climate models predict that by 2035, the Amazon will be a permanent source of carbon. (Lovejoy, Nobre, 2018)

Thawing permafrost

Permafrost is ground that remains frozen for two or more consecutive years and is composed of rock, soil, sediments, and ice. Some permafrost has been frozen for tens or hundreds of thousands of years. It is found in northern hemisphere lands without glaciers, including parts of Siberia, Alaska, northern Canada and Tibet. In the Southern Hemisphere, there is permafrost in parts of Patagonia, Antarctica and the Southern Alps of New Zealand. (Resnick, B., 2019) Fourteen hundred billion tons of carbon are thought to be frozen in the Arctic’s permafrost, which is twice as much carbon as is currently in the atmosphere. But the Arctic is warming two times faster than the rest of the planet—it has already warmed 2°C above pre-industrial levels. As it warms and thaws the permafrost, microbes come out of hibernation and break down the organic carbon in the soil, releasing CO2 and methane, which then trigger even more warming and melting. The 2019 Arctic Report Card from NOAA found that the Arctic’s thawing permafrost could be releasing 300 to 600 million tons of carbon per year into the atmosphere. (NOAA, 2019)

Methane stored in ice-like formations called hydrates are also found in permafrost in ocean sediments. This methane may be released as hydrates are thawed by warming seawater. Scientists recently discovered methane leaking from a giant ancient reservoir of methane below the permafrost of the Laptev Sea in the East Siberian Arctic Ocean.

Scientists don’t know exactly how much carbon could ultimately be released by thawing permafrost or when. According to one report, 2°C of warming could mean the loss of 40 percent of the world’s permafrost. (NOAA, 2019 }

ENSO

ElNinoLaNina

El Niño and La Niña are the warm and cool, naturally occurring weather patterns across the tropical Pacific—the El Niño-Southern Oscillation, or ENSO. Every two to seven years, the pattern alternates, bringing disruptions in temperature and precipitation. El Niño causes impacts around the world, such as more drought in India, Indonesia and Brazil, and flooding in Peru. As the ocean warms, it could push ENSO past a tipping point, which would make El Niño events more severe and frequent and could increase drought in the Amazon.

Under the 1992 UNFCCC treaty, nations agreed that:

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

Although nations agreed they had a duty to prevent dangerous climate change in 1992, despite almost two decades of efforts to further define a nation’s responsibility, no progress was made on defining “dangerous” until the 2015 until the 2015 Paris Agreement when nations agreed that they have a duty to:

  •  Holding the increase in the global average temperature to well below
    2°C above pre-industrial levels and pursuing efforts to limit the temperature
    increase to 1.5°C above pre-industrial levels, recognizing that this would
    significantly reduce the risks and impacts of climate change;
    (b) Increasing the ability to adapt to the adverse impacts of climate
    change and foster climate resilience and low greenhouse gas emissions
    development, in a manner that does not threaten food production; and
    (c) Making finance flows consistent with a pathway towards low
    greenhouse gas emissions and climate-resilient development.
    This Agreement will be implemented to reflect equity and the principle of
    common but differentiated responsibilities and respective capabilities, in the light
    of different national circumstances. (UN Paris Agreement, 2015, Art 2).

The world has already exceeded 1.1C warming as of the recently concluded UNFCCC COP26 in Glasgow, Scotland and is on a pathway to exceed 1.8°C by 2100 if all commitments made thus far are achieved thus exceeding the 1.5°C warming limit goal. To limit warming to 2.0 C, developed nations will need to take the requirement that they base  their national emissions reductions target calculations on “equity” seriously. Although in my experience most climate scientists and environmental NGOs have no understanding of how to apply  “equity” to their GHG emissions reduction target calculations . Moreover, without an understanding of reasonable interpretations of “equity,” proponents of climate change strategies are unable to respond effectively to the inevitable predictable false claims of opponents of climate policies about what is fair.

Notice this chart shows the GHG emissions reduction needed for the whole world to have any hope of achieving the Paris Agreement warming limit goal of 2 C is depicted by the top line. You can see if the high emitting nations don’t reduce their GHG emissions to levels required of them by equity, the low emitting developing nations must go to zero immediately if the world has any hope of achieving the 2C warming limit goal. And so developed nations must determine its GHG emissions reduction target by adjusting the emissions reduction amount needed of the entire world by a serious consideration of equity. This means that if the entire world must reach net zero by 2075 for instance, to achieve the 2.0 C warming limit goal, developed nations after taking equity into consideration may need to reduce CO2 emissions by -125% or more  by 2075. Few US environmental NGOs in my experience nor academics engaged in climate issues have made recommendations on the US Nationally Determined Commitments, the term for national reductions under the UNFCCC, after adjusting globally needed emissions reductions on the basis of a reasonable interpretation of “equity.” Although reasonable people may disagree on what equity expressly requires of a nation to reduce its GHG emissions, the Intergovernmental Panel on Climate Change (IPCC) said its 5th Assessment report that despite some ambiguity about what equity means:

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

The IPCC went on to say that;

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

 

Responsibility is understood to mean historical responsibility for the current problem not emissions levels at any one time.  The above images depict the fact that although China is now a much larger emitter of CO2 in regard to tons per year, {the left image}, the United States is a much larger in historical emitter depicted by the right image.

This image depicts the fact that the US has higher per capita emissions than China thus the US as a matter of equity the US should make larger percentage emissions reductions as a matter of equity.

For the last several decades when proponents of climate action proposed serious greenhouse gas reduction goals and strategies, opponents of climate action frequently have claimed that such action would be unfair to the United States as long as countries such as China don’t do the same or more. Rarely has anyone among US climate activists responded by saying the amount national greenhouse gas emissions at any time is not a valid criteria for determining a nation’s reduction responsibility under the concept of “equity,”

Making matters worse, when respected climate scientists are asked whether the world has enough time to deal with harms of climate change, they usually claim we do if we act aggressively. But this answer is usually in response to the question of whether we have enough time to achieve the Paris Agreement warming limit goal of 2.0 C. The atmospheric concentrations which are already causing refugees are existing concentrations. In this writer’s experience, few climate activists seem to understand that CO2 has features that are different than other air polluting substances that have profound policy implications. CO2 mixes well in the atmosphere and is very long lived. Although approximately 80% of CO2 emissions are removed by carbon sinks in 100 years, some stay in the atmosphere for tens of thousands of years contributing to climate change harms everywhere for a very long time. The following image depicts the reality that atmospheric concentrations of CO2 rise as CO2 emissions rise. The policy implication of this fact is that all CO2 emissions are making the problem worse and just some reductions of emissions levels will not stop ice from melting, dangerous killer storms from occurring or, other effects of the climate system from creating harms and damages to the global system even if  global CO2 emissions are decreasing at rates necessary achieve the 1.5 C and 2.0C warming limit goals.

Notice as GHG emissions from around the world rise, atmospheric concentrations glob rise globally thereby increasing harms everywhere. Therefore the response by some scientists that “we have time” may be slightly misleading although accurate in regard to keeping the world below the 2.0  warming limit goal of the Paris Agreement but not for reducing atmospheric concentrations which are causing loss and damages,

For a discussion of this phenomenon, see Seven Features That Citizens and The Media Need to Understand To Critically Evaluate Their Nation’s Response to Climate Change https://ethicsandclimate.org/2020/08/19/why-getting-nations-to-comply-with-ethical/

The focus of policy discourse on actions necessary to stay within the Paris Agreement’s warming limit goals has resulted in little public attention to the reality that all GHG emissions raise atmospheric CO2 concentrations with increasing harms and damages. Although the international community has acknowledged that the global GHG emissions must reach net zero within the next few decades to achieve the Paris Agreement’s warming limit goals, rarely has the public conversation about climate change recognized that national GHG emissions must reach net zero as soon as possible to reduce the creation of additional harms and damages.

IV. The Climate Regime Fails to Adequately Deal with Financing for Adaptation nor  Harms and Damages that Create or Affect Refugees.

At COP 26 in Glasgow which concluded in November of 2021, all developed nations agreed that  in 2009 to provide $100 billion a year to support adaptation and mitigation needs of developing countries, yet they have failed to deliver event  Therefore, developed nations agreed in Glasgow last year to fully deliver on the USD 100 billion goal and provide more transparency on their adaptation pledges.

Although all nations agreed under the 1992 UNFCCC that they had duties to prevent activities within their jurisdiction from harming others outside their jurisdiction, the international community has not developed a mechanism for operationalizing the “no harm” rule despite pressure from developing countries to do so for many years.

Yet COP 26 in Glasgow has finally put loss and damages on the international negotiating agenda. Although an organization for considering loss and damages called the Santiago network was created at COP 25 in Madrid 2021 to discuss issues relevant to loss and damages, not much was done until Glasgow when nations agreed the international community agreed in the Glasgow decision:

Reiterates the urgency of scaling up action and support, as appropriate, including
finance, technology transfer and capacity-building, for implementing approaches for averting, minimizing and addressing loss and damage associated with the adverse effects of climate change in developing country Parties that are particularly vulnerable to these effects;

Urges developed country Parties, the operating entities of the Financial Mechanism, United Nations entities and intergovernmental organizations and other bilateral and multilateral institutions, including non-governmental organizations and private sources, to provide enhanced and additional support for activities addressing loss and damage associated with the adverse effects of climate change. (Glasgow, COP 26 Decision)

And so, the Glasgow COP put loss and damages expressly on the international climate negotiating agenda. Yet no decision has yet been made to create a mechanism on loss and damages nor on numerous difficult issues that loss and damages considerations will raise.

The second part of this series will be published soon and will deal with the following topics.

V. National Responsibility for Breach of No Harm Rule

VI. The Opportunity to Act Has Long Existed

VII. States Should Have Foreseen Damages That Are Creating Refugees

VIII. Why Developed Nations Should Support Increased Adaptation Funding and Mechanism for Loss and Damages Related to Refugees.

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UN Paris Agreement to the United Nations Framework Convention on Climate Change, Dec. 12, 2015, T.I.A.S. No. 16-1104. (UN Paris Agreement, 2015)

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

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Donald A. Brown

Scholar in Residence, Sustainability Ethics and Law

Winner of UNESCO Prize for Excellence in Ethics in Science

Widener University Commonwealth Law School

dabrown57@gmail.com

short bio 

 

 

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Part II. Why Developed Nations Should Support A Mechanisms For Financing Needed Adaptation and Loss and Damages From Climate Harms That Create Climate Change Refugees For

This is part II of a series on: Why Nations Should Support Mechanisms For Financing Needed Adaptation and Loss and Damages From Climate Harms That Create Climate Change Refugees.

Part 1 explained that climate change is already creating millions of refugees and threatens to create many millions more.

Part 2 will cover why relevant international law on causation of trans-boundary harms is consistent with the creation of a mechanism for financing loss and damages from climate change induced harms and thus why developed nations should support  the creation of such a mechanism.

V.  International Law On Compensation for Loss and Damages (L & D)  Caused by Trans-boundary Caused Harms.

Nations agreed under the 1992 UNFCCC pro Preamble:

Recalling also that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or areas beyond the limits of national jurisdiction (UNFCCC, 1992, Preamble) .

Thus governments expressly agreed in the 1992 UNFCCC that they had a duty to abide by the “no harm” rule which required them to prevent activities within their jurisdiction from harming others beyond their borders. Yet they were already bound by the “no harm” principle because it is a principle of customary international law. In international law, customary law refers to the Law of Nations, or the legal norms that have developed through customary exchanges between states over time.

The history of L&D in climate negotiations dates back to 1991 when the Alliance of Small Island States called for a mechanism that would compensate countries affected by sea level rise. The concept of loss and damage made it into a climate decision coming out of a climate negotiations when in 2010 the so-called loss and damage work program was initiated at COP16, which finally lead to the establishment at COP19 in 2013 of a body to deal specifically with issues relating to loss and damage: the Warsaw International Mechanism on Loss and Damage (or WIM for short). With the inclusion of Article 8 of the Paris Agreement in 2015, loss and damage has now become firmly installed as a thematic pillar under the United Nations Framework Convention on Climate Change (UNFCCC). Under Article 8 of the Paris Agreement, all nations agreed;

1. Parties recognize the importance of averting, minimizing and addressing loss and damage associated with the adverse effects of climate change, including extreme weather events and slow onset events, and the role of sustainable development in reducing the risk of loss and damage.
2. The Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts shall be subject to the authority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Agreement and may be enhanced and strengthened, as determined by the Conference of the Parties serving as the meeting of the Parties to this Agreement.
3. Parties should enhance understanding, action and support, including through the Warsaw International Mechanism, as appropriate, on a cooperative and facilitative basis with respect to loss and damage associated with the adverse effects of climate change.

UN Paris Agreement, 2015, Art 8

Determining a nation’s responsibility for specific climate change caused harms can be challenging because climate change damages are the result of a multitude emitters, emitting activities, and emitted gases. It is, thus, evident that the question of how to determine responsibility among nations when allocating responsibility for climate harms and damages is a challenge which cries for a negotiated set of rules that enable rational comparison among nations that failed to prevent activities in their nations from harming  others beyond their borders.

In common and civil law the principle of joint and several liability is recognized as a method for allocating responsibility among multiple defendants. But no such rule exists in international law.

Yet human induced climate change has scientific features that could provide the basis for negotiating rules for allocating responsibility for climate harms. The amount of harm caused by climate change is a function of atmospheric GHG concentrations and background climate conditions which change seasonally.  Atmospheric  CO2 has features that are different than other air polluting substances that have pofound policy implications. CO2 mixes well in the atmosphere and is very long lived. Although approximately 80% of CO2 emissions are removed by carbon sinks in 100 years, some stay in the atmosphere for tens of thousands of years contributing to climate change harms everywhere for a very long time.

As we have seen earlier in this discussion, climate change has features that other environmental problems  dont have which has profound implications for policy including the fact that all CO2e emissions contribute to atmospheric Co 2 concentrations globally and are long lived in the atmosphere thus contributing to harms everywhere.

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

In determine whether climate harms are attributable to the failure of a nation to comply with its responsibility to prevent activities within its jurisdiction from harming  others, historical experience could be used to link projected climatic shifts with their probable physical, economic, social and human impacts (e.g., the probable impacts of temperature increase or excessive rainfall on ecosystems, populations and agricultural productivity, or probable impacts of sea level rise on coastal land area and infrastructure).

Baseline information might include, for example, average number of days of drought over a period of years, average annual or seasonal rainfall over a period of years, or average frequency and intensity of extreme weather events.

VI. National Legal Responsibility for Breach of the No Harm Rule

The no harm rule is understood to be an obligation of a nation to prevent foreseeable harm beyond a nation which has been interpreted to require nations to act to prevent harm when nations have;

(i) the opportunity to act to  prevent harm:
(ii) foreseeability or knowledge that a certain activity could lead to transboundary
damage; and
(iii)  have taken proportionate measures to prevent harm or minimize risk.,

WWF-UK-2008, Beyond Adaptation, (2008:18)

VII. The Opportunity to Act has Long Existed

A State can only fail to exercise due diligence with respect to a specific prevention duty if it does not act where it otherwise could have. In the framework of climate change damage, almost every State has had the opportunity to take measures to prevent damage or to minimize the risk of damage. Each ton of a GHG not emitted, and every carbon sink preserved in the long term reduces the risk of further damage.

IX. Proportionate Measures Were Not Taken

In order to determine whether any nation took proportionate measures to avoid climate caused harms that created refugees ideally. any critical analysis would have to consider the atmospheric concentrations of greenhouse gases that triggered the harm and then consider whether that nation took steps to reduce their greenhouse gas emissions to their “equitable” share of global missions that were responsible for the atmospheric concentrations that caused the harm. Such analysis would likely lead to the conclusion that zero global emissions were necessary to avoid the climate change induced har that caused the transboundary harm. . Yet as we have seen in this first part of this discussion zero greenhouse gas emissions have been necessary to achieve the Paris agreement’s warning limit goals of 1.5°C but no greater then 2°C. In addition, the world needs to reduce global emissions to net  zero to avoid destabilizing several climate “tipping points” several of which are already showing alarming signs of destabilization. Whatever the atmospheric concentration is deemed adequate to prevent the harms that will minimize the suffering of climate caused refugees, and to determine any nation’s equitable share, governments have to grapple with what “equity” requires of the nation.

Although reasonable people may disagree on what equity expressly requires of a nation to reduce its GHG emissions, the Intergovernmental Panel on Climate Change (IPCC) said its 5th Assessment report that despite some ambiguity about what equity means:

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

The IPCC went on to say that;

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

Nations were already required under the Paris agreements “transparency” mechanism to explain periodically how they determined what equity requires of them when they established their NDC. Yet a 2015 study of 15 nations  NDCs revealed that nations nor their NGOs demonstrated an understanding of what “equity” required of them.. (IUCN, 2015).For this reason, any mechanism to fund loss and damages will have to grapple with what equity requires of it, a matter which will be raised in any mechanism for loss and damages.

X. Why Developed Nations Should Support A Mechanism for a Adaptation and Loss and Damages Funding For Harms that Affect and Cause Refugees .

Nations have not only agreed to be bound by the no harm principle, they have agreed that they have a duty to cooperate to develop rules regarding compensation and liability.

States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction. Rio Declaration, 1992` Principle 13, 

The harms suffered by refugees may require negotiations for recovery for both economic and non-economic damages including rights to adequate temporary housing, access to adequate health care, and food,

Why would Parties ratify liability and compensation schemes? Attaching clear liability and responsibility for the transboundary consequences of environmental pollution helps to enforce regulatory regimes established to protect the environment. Participation in liability and compensation regimes reduces uncertainty for States which might otherwise have to cover loss and damage caused by their citizens and incurred by citizens of other States when adequate compensation cannot be obtained from the responsible parties. These regimes also reduce uncertainty for potential victims, by ensuring the availability of a certain minimum level of compensation and elaborating procedures for making claims. Finally, these regimes reduce risk for those investing in business operations that engage in activities associated with risk, by defining limits of liability.

As the preceding Section V  explains, there is a sound legal basis under customary international law and the UNFCCC for States seeking compensation for damage and loss resulting from the impacts of climate change. Nevertheless, each individual case would meet with a number of challenges under existing law, among them the apportionment of responsibility between the various countries that have acted in breach of the no-harm rule. They would also be likely to require specially-commissioned scientific investigations with attendant costs, for in relation to causation and damage assessment. These cases could proceed in an forum, with good prospects of success, adding to the potential liability and litigation risk uncertainty that already exists with respect to private claims and possible tort actions.

Such individual cases should not, however, be the path of choice. International law is based on the notion of cooperation and the avoidance of adjudication – where possible – in favor of diplomatic solutions. Cumbersome individual cases should not be necessary, given that the climate regime is based on the notion of cooperation and good faith. The view has been expressed by international law scholars that States even have a legal duty to provide negotiated solutions where environmental damage is expected to occur, so that prompt and adequate compensation can be obtained in practice.

Although the issues of who pays what, to whom, and when, will be challenging to resolve, and ratification of such an instrument could face substantial domestic hurdles, a negotiated treaty to address the unavoided and unavoidable loss and damage is likely to be the only appropriate and practical solution to addressing climate change damage. The ‘AOSIS Proposal’ of 1991 provides a glimpse of what could be conceivable – not least as it only covers one type of damage.. International law principles and precedent provide support for the negotiation of a compensation instrument, as a necessary and appropriate response to this regulatory gap. The current negotiations leave room to begin this discussion.

Nations should also support financing adaptation and mechanisms to compensate those outside their borders for harms created by activities within their borders because, as the 2008 US Army War College report concluded, such harms are likely to cause social disruptions including violence against those who caused climate induced suffering. (Pumphery, 2008) The Army War College also concluded after describing in  detail the higher levels of conflict and chaos that expected increases in unplanned population movements will cause, the US support for a mechanism which deals with the human and political turbulence will be viewed as a public good that is necessary in order to cope with the looming consequences of climate change. (Pumphrey, 2008, 112)

XII. The Moral Case for a Loss and Damage Mechanism under International Law

Although some moral claims are controversial, a claim that nations who cause harm and suffering to places and people living beyond their boarders have a moral duty to compensate those that they have been harmed without their consent is consistent with the golden rule, a moral obligation acknowledged by almost all the world religions. This rule says that people cant harm others because of benefits to them. Furthermore, almost all nations agreed that they had a moral duty to compensate for damages if they harmed others when they adopted the 1992 Rio Declaration which provides:

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

The creation o f a Loss and Damage mechanism will raise both tricky procedural and distributive justice issues.

Already some opposed to the mechanism are warning of the mischief that developing countries may do if the fund is created. For instance, opponents of the mechanism are claiming developing countries may seek compensation for comparatively trivial harms. All of these concerns can be minimized through negotiation of the rules.

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What Explains the Cataclysmic Failure To Get Traction For Several Principles That The US and 185 Countries Agreed Should Guide National Climate Responses that Completely Invalidated the Scientific Uncertainty and Excessive Cost Arguments That Have Been the Dominant Focus of the US Climate Debate for 30 Years

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This post will raise issues that are very controversial to some. As I tell students and audiences I have talked to around the world, I am not asking you to accept the claims I make, nor will I necessarily hold it against you if you disagree. I do this to provoke critical thinking amongst us all about why climate change remains an existential threat to life on earth and why these issues are also relevant to making democracies work for the common good on other issues.  I have very frequently benefited from discussions with others who disagreed with me but who engaged with me in critical interchange.  This post will be very critical of some corporations’ and affiliated entities’ tactics to undermine democracy’s efforts to achieve the common good. While acknowledging the contributions of free-markets, and the private sector for what they can contribute to economic growth, technical innovation, and private sector employment, this analysis demonstrates the indispensable need for appropriate government constraints on the corrosive power of money in politics to prevent corporate and financial interests from using their enormous wealth to undermine what citizens in a democracy decide in deliberations about how to achieve the common good.  This  post will be critical of the United States for its failure to control the power of the fossil fuel industry to spread misinformation about climate change.  This ruthless scheming of some elements of the private sector was actually predicted by Adam Smith who also convinced civil society of the benefits of the free market. This strong criticism in this paper is believed to be in response to the duty of citizens to fix the flaws of democracies as long as there is the possibility to do so, particularly when the flaws are seriously harming others. As the second verse of Kathrine Lee Bates song America the Beautiful says: ” America, America, God Mend Thine Every Flaw, Confirm Thine Soul in Self-control, Thy Liberty in Law.  But as this post points out, research concludes that this is also a problem in other countries which have economies with strong fossil fuel sectors. As a result this, getting traction for ethical principles that nations have already agreed to or have negotiated is a challenge for democracies with strong economic interests which are threatened by legislation or treaty making that seeks to achieve the common good. This paper was originally initiated in response to UNESCO’s interest in getting traction for ethics in international cooperative efforts to protect the international community from several growing threats that cant be solved at the national level. Because the author had concluded most Americans would have no idea of why global cooperative efforts to solve growing global threats must grapple with ethical issues,  section 1. of this paper explains the indispensable need of countries seeking to work cooperatively to solve global threats to grapple with ethical issues in treaty making and other global responses to growing global threats.

Pumphrey, Carolyn Dr., “Global Climate Change National Security Implications” (2008). Monographs. 65.
https://press.armywarcollege.edu/monographs/65

I. Introduction 

This paper takes the unusual step of listing the conclusions of this entry first to help readers judge how much of this paper they want to read although readers should read and critically consider the relevant analysis below before accepting any conclusions uncritically.

This paper deals with the failure to get traction for ethical principles in all claims about what governments should do to achieve the common good, given all such claims implicitly have the form:

A. Because of facts A. B, and C (Factual Premise)

B. Governments should do D ( Normative/Ethical Conclusion).  Here normative means right or wrong, ethical duty, or prescriptive conclusion in light of facts. We will in this article refer to the conclusion of arguments about what governments should do as the normative or ethical conclusion. Notice the normative/ethical conclusion is already part of any claim about what a government should do given certain facts.

This paper will examine why normative rules that all countries including the US had already agreed to under international environmental law failed to get traction in national climate responses. This analysis will be particularly focused on the failure to get traction for the ‘no harm’, ‘precautionary’. and ‘equity’ principles natiions had agreed to be bound by in the 1992 UN Convention on Climate Change and the 2015 Paris Agreementt.  The United States also agreed to human rights protections for its citizens which have also been ignored in public debates about climate change. These principles are focused on in this paper because they completely undermine the validity of the scientific uncertainty and excessive cost arguments that the publically visisble climate debate has focused on for thirty years due to the successul framing of the debate by fossil fuel intersts,  Because there is shockingly little public discussion about “normative” or “ethical” conclusions of claims made by opponents of  climate change policies in the US public climate  debate, this paper examines why the ethical principles that nations had already agreed should guide their responses to  climate change were rarely discussed in US debates about climate change policies by examining what actually happened.

A. Conclusions

a. The primary cause of the failure to get traction for key ethical principles that the US government had already agreed would guide its climate policy formation is that a well-funded, sophisticated spread of misinformation that began in a focused way in the US  in 1971 with the Powell memo, discussed below, created a widely accepted unquestionable cultural narrative that included the claim that the government is the problem not the solution to many of society’s most troubling problems. Cultural narratives often become so accepted that many citizens become afraid to challenge them.The tactics of the Powell memo were expanded in the climate change disinformation campaign, discussed below, which were designed from the beginning to undermine citizens faith in mainstream climate science not to get the science right. This  website has previously argued that the disinformation campaign is a new kind of crime against humanity despite the indispensable role of skeptictism in science and the right of free speech. Therefore a major challenge for getting traction for ethics in climate policy formation, is to get traction for truth in climate change policy making disputes to undermine lies and misinformation sophisticatedly spread throughout the government’s population by increasingly powerful computer tools and other techniques. Poltical Scientist Hannah Arendt described in her paper Truth and Power, that politicians whose power is threatned have throughout human history responded with lies, and so getting traction for truth in the climate debate is not a new political challange but is nevertheless much more challanging now given the effectiveness of the computer tools to spread the disinformation that targets people who will be most receptive.

An  example of this which hasn’t been widely reported, while serving as the US EPA Program Manager for UN Organizations, I was invited  in 1997 to participate in war games being conducted by the Army War College that considered risks from parts of the world that would that may be destabilized by climate change. During this session the Army identified Syria, parts of the Sahil area of Africa, and as I rember three countries in Central America which were drought prone and potential places where refugees would create social disruption. In 2001, a multi-year drought began in Syria which eventually caused 1000000 refugees who destabilized large parts of the world and continue to be a source of social unrest. 

The US army also predicted  over 20 years ago that three countries in Central  America  were vulnerable to drought and  therefore  likely  to  produce  refugees. Yet this aspect of  the refugee problems that are causing social disruption and unspeakable suffering is rarely commented on in the the US media while discussing refugee problems from Syria and Central America. While at the same time prominent US politicans are spreading misinformation about climate change such as climate science is a hoax, climate law is unfair to the United States, climate change cant be real because it snowed in parts of the United States, and numberous false claims that havent been subjected to peer review and other techniques described in the climate change disinformation campaign entries referenced below.

The Army War College in a more recent 2008 report assessing climate threats predicted horrific impacts to the United States and around the world leading to social disruption and conflict.  Pumphrey, Carolyn Dr., “Global Climate Change National Security Implications” (2008). Monographs. 65.https://press.armywarcollege.edu/monographs/6

While the Army College’s 2008 threat assessment became increasing confirmed by droughts, floods, diseases, increasingly damaging tropical storms, and refugees, many American politicians continued to claim that human-induced climate change was a ‘hoax’. I particularly paid attention to these claims because while serving as the US EPA Program Manager for UN Organizations I was asked by the State Department in June 1997 to cochair with a colleague from the Energy Department a negotiation that would ask governments to agree as governments to the IPCC conclusion that the balance of the evidence demonstrates a discernable human influence on the climate system.

2. The United States has failed to achieve the common good because it ignored the warning of Adam Smith who although convinced civil society of the value of the free market through its invisible hand but also lesser known he predicted that merchants would sometimes ruthlessly scheme against the common good .  (Sagar, Paul, Adam Smith and the conspiracy of the merchants: Global Intellectual History: Vol 0, No 0 (tandfonline.com) Thus governments need to establish rules to make democracies work for the common good that anticipate the very likely behavior of some economically powerful interests to undermine what democratic processes want to determine the common good while acknowledging the benefit of free markets and private sector institutions for some purposes in a democracy. .

3. Some US founding fathers claimed that the goal of democracy was to achieve the common good which according to Thomas Paine and others was essentially justice. They anticipated this would create disagreements among contending parties about factual claims and normative conclusions which are implicitly present in any claim about what a government should do to achieve the common good. Thus some founding fathers recommended that citizens be educated in skills to help them evaluate factual disputes namely science,  history, among others,  and ethics and other subjects to help citizens critically evaluate disagreements about justice.

4. The goals of higher education have increasingly shifted its major empasis from teaching skills needed by citizens to participate in a democratic processes to achieve the common good to teaching skills to make students attractive to potential employers such as science, engineering, and technology.  (The support for this claim wil be the subject of the next entry on this website). Although claims about what governments should do to achieve the common good have both factual premises and normative  conclusions, this shift in higher education’s major focus has increased the power of opponents of environmental policies to frame the public debate on disputes about facts which usually ignore very relevant ethical considerations including ethical principles that governments have previously agreed should guide their policy formation. For instance, all governments in the 1992 United Nations Convention on Climate Change agreed to be bound by the “precautionary,” “no harm” and adopt GHG emmission reductin targets to levels required of itin accordance with ‘equity ” which principles expressly undermine the excessive costs and scientific uncertainty arguments made by opponents of climate change.  Yet proponents of climate policies usually ignore critically evaluating the normative conclusions of the arguments made by opponents of policies while focusing on counter factual claims about uncertainty and cost.

5. Why a global solution to climate change requires a national response consistent with its ethical and legal obligations to not harm others is not apparent to most US citizens in my experience until one understands certain features of climate change which are  different than other environmental problems that don’t raise these urgent ethical problems. These features include all CO2e emissions mix well in the atmosphere raising atmospheric CO2e concentrations globally and thus increasing harms globally, because although 80% of CO2e emissions are removed feom the atmosphere  by carbon sinks in 100 years, some remain for tens of thousands of years thus contributing to future harms everywhere including atmospheric concentrations that trigger abrupt climate change, the most vulenerable countries are usually least responsible for the harms, delays by a nation in reducing its emissions makes it more difficult and expensive for the whole world to achieve any warming limit goal, the setting of any national GHG emissions target implicitly takes a position on four ethical questions. (the warming limit goal the nation is seeking to achieve, the carbon budget it is basing its reduction amount on given different budgets with different probabilities are options, the equitablle basis it has used to calculate the nation’s fair share, and date by which the reduction will be achieved which effects the amount of carbon budget available for the whole world.  For a discussion of these issues see:

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

6. This article will examine what can be learned from the failure to get traction in national responses to climate change for several ethical principles that nations had already agreed should guide their obligations under the 1992 climate treaty. 

7. As we have explained in many entries, for 30 years the fossil fuel industry has been successful in framing the major focus of the public debate in United States so that it has focused largely on issues related to scientific uncertainty and excessive costs. This is so despite the fact that the international community including the United States under G.H. Bush had agreed in 1992 to be guided in their response to climate change by the “precautionary  principle” which make’s scientific uncertainty an illegitimate excuse for a nation’s failing to achieve their legal obligations, and the ‘no harm’ principle which makes governments responsible for harms to others caused by activities within their borders without regard to scientific uncertainty or cost to them once they are on notice that activities within their jurisdiction are threatening others.  

8. The article explains why the need in international cooperative efforts to solve serious growing threats that cant be solved at the local level frequently raise questions of fairness and justice between nations that are usually worked out through negotiations among nations about what is fair.

The goals of this post are ambitious as it examines several different crucial topics necessary to understand the enormous importance of getting traction for ethics in global cooperatiive efforts to respond to emerging threats that cant be adequately dealt with at the national level. This is a concept that I have discovered NGOs passionately involved in finding a solution to climate change have little understanding of why this is important, nor how one resolves disputes about ethical principles, and as several sociologists have predicted technical experts will sometimes be traumatized by the mere suggestion that their work be supplemented by ethical considerations.

Because the article is long, the reader may want to skip topics without reading the entire paper. The paper gets into detail about several ethical principles that all nations have agreed upon in the 1992 UNFCCC should guide their responses to climate change but which have been largely ignored in the public debate about national responses to climate change. Some detail is included on these issues because getting traction on these principles is still crucial to getting nations to comply with their obligations under the climate change regime while opponents of climate policies have spread false claims about these issues which are still frequently repeated in media coverage without comment.

The sections of this paper are:

1 Why governments must practically grapple with justice issues when developing rules about threats that cant be solved at the national level.

2. Why opposition to international rules developed for the common interest are likely to be aggressively opposed by those whose economic interests are threatened by rules designed to achieve the international common good.

3. The failure of higher education to educate students in skills necessary to evaluate the normative conclusions made in claims about  what government should do to achieve the common good given certain facts

4. What we can learn from climate change about the problems of getting traction for ethics in developing and implementing programs at the international level seeking to achieve the global common good.

I .  Why governments at the national and internation level have to grapple with justice issues in developing and applying law or rules seeking to achive the global common good.

Several enlightenment philosophers and US founding fathers, believed that achieving the common good was the essential role of government and the essence of the common good is justice. Although international negotiations often focus on other issues in  international environmental negotiations, the most time consuming issues are usually over differences between developed and developing nations about what fairness requires.  Also in the last 20 years corporate interests which are economically threatened by issues under consideration have been successful in generating political opposition at the national level often by the dissemination of sophisticated  disinformation  on  issues  most  consequential  to  the global community including  poor  developing  nations.

Thomas Paine among other US founding fathers believed that the purpose of democracy was to achieve the common good which usually cant be achieved without grappling with justice questions among others.

Getting traction for justice in government affairs has become more urgent since the 1970s  when well organized, aggressive, sophisticated efforts have undermined governments central role in ordering society for the common good, Sociologists attribute the organized beginning of this phenomenon in  the US to a 1972 memo from Lewis Powell who was then vice president of the US Chamber of Commerce which began with a claim that the free market is under attack citing the successful social and environmental movements in the 1960s. This is deeply ironic because the very reason why many in the world saw hope for the world in the US system was because the US democracy in the 1960s successfully found remedies for the racial, voting, woman’s rights and many more justice issues. Yet the Powel memo construed these very victories on rights and  injustice as a threat to  the corporate power. The Powell memo also criticized corporations for their lack of vigor in responding to the challenges to free enterprise that were growing in the beginning of the 1970s. Powell thus called for a much more aggressive response from the business community that the memo claims is needed to protect free enterprise from criticism from college campuses, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians. Two months after the Powell memo was released, President Nixon nominated him to the US Supreme Court where he served for 15 years.

He recommended 10 things that businesses should do, all of which have  been well funded and aggressively pursued. See, The Seeds of the Corporate Funded Climate Disinformation Campaign, the 1971 Lewis Powell Memo, 

The success of the propaganda to get American citizens to support less government regulation for the common good was already evident when US President Ronald Reagan proclaimed in his 1981 inaugural speech proclaimed that government is not the solution to our problem, it is the problem.  Amazingly, although I believe most people would acknowledge benefits of free markets while agreeing that government is sometimes the problem, it is absurd to conclude that the private sector alone will provide pubic goods that most people want, such as affordable health care,  protection from environmental threats, towns designed to promote social interaction, affordable high quality education for all, affordable housing for all, and among other things protection from the scheming of some merchants and despots throughout history who have sometimes ruthlessly schemed against the public good as Adam Smith warned. This scheming is inevitable when the solution to growing global threats requires the regulation of new technologies that have admitted value but dangerous potential for harm. Curent potentially beneficial technologies of concern include, for example, artificial intelligence and bioengineering.

While I worked for EPA on UN international environmental issues, I saw corporate interests lobby EPA to oppose provisions of the biodiversity treaty and climate law that other countries were pushing for.  Most Americans including NGOs seem to be unaware that the United States is, in my experience having worked at the UN and taught or lectured in 38 countries, is increasingly internationally widely viewed as an obstructionist on many global environmental issues although many non-nationals believe there is still hope that US can make democracy work for the common good. The 2008  Army War College Threat Assessment in fact concludes that the failure of the US to adequately respond to climate change may result in more violence against the US.

I have been shocked how much our democracy in the last decade has made it easier for money to dominate politics by removing limits on corporate donations, voter suppression, gerrymandering, allowing donors to hide who make donations to entities who are involved in political issues, while other countries have often made it easier to vote in ways that initially shocked me. By law, for instance, Australian citizens have a duty to vote which my Australian colleagues say is enforced with a routine fine. While teaching in Japan  I was told  political money is not allowed to be used on television, which explains why one hears political messages on loud speakers in trucks all the time. I offer these examples  to encourage research on their truth and to suggest that others do research on these kinds of issues. Of course these issues will create disagreements among citizens, a matter that democracies should resolve according to the supporters of the role of democracies by making arguments about what is fair

The  process of international environmental treaty making usually requires governments to grapple with important and sometimes thorny justice issues that are indispensable to accomplish the goals of the treaty.  For instance those drafting of the United Nations Framework Convention on Climate Change (UNFCCC, 1992) had to grapple with what rules would govern each countries GHG emissions reduction target in light of the fact that some nations more than others are responsible for the current problem. Although the treaty negotiations that ended in the 1992 UNFCCC  established very general rules about national responsibilities to adopt policies to  prevent dangerous climate change, the international negotiations were unable to agree on how to allocate responsibility among nations for emissions except in the most general and abstract terms. This is so despite the fact that climate change is a problem that necessarily required some guidance on how to allocate responsibility among nations for reducing national GHG emissions. Some nations have been pushing for more clarity on these issues for decades. The best the initial round of negotiations could agree on is that the developed countries should take the lead on reductions and each country should reduce GHG emissions to levels required to achieve any warming limit goal in accordance with “equity and common but differentiated responsibilities.”  Most international environmental governance processes have gotten bogged down in strong differences between developed and developing states with differences not fully resolved in the initial negotiations. Thus many treaties initial text coming out of the first international negotiations resolves the conflict often between rich and poor countries with “weasel words” or words which give no clear guidance, in the hope that further negotiations in yearly Conference of Parties (COPs) will resolve important but ambiguous language on crucial issues. The UNFCCC is still full of such weasel words despite 25 COPs since 1992 on the meaning of central terms such as “equity.” Despite almost thirty years of negotiations which often sought to resolve these ambiguities, the UNFCCC implementation has been plagued by the lack of clarity about several key concepts. 

During the international negotiations each year, energy industry lobbyists have been well represented along with US congressmen usually mostly from US fossil fuel states closely monitoring the US position on issues important to them and often arguing that the US should make no commitment on issues the energy industry believes will hurt their interests.

An additional challenge to getting traction for ethics is since the 1980s neoliberal ideas have gotten traction around the world. Since the central idea of neoliberal ideology is not obvious but is usually understood as market processes should order society for the common good through the operation of the market’s invisible hand, early proponents of neoliberal ideology claimed there was no or at least a greatly reduced need for the government to develop rules and regulations to achieve the common good based on justice.  As a result justifications for government regulation on environmental issues that existed in the first 20 years of the modern environmental movement, such as that regulation was needed to adequately protect human health and the environment, or protect the environment for future generations were gradually replaced over several decades by cost-benefit analyses or other economic criteria.

An example, while I was working as the US  Program Manager to UN Organizations during the Clinton administration while the US was considering ratifying the Kyoto Protocol, much of the policy talk in the agency centered on which of two different cost-benefit analysis that had been prepared by different government agencies should guide the US decision about whether to join the Protocol.  During this time, the Global Climate Coalition, an international lobbying group of businesses who opposed action to reduce GHG emissions were waging an intense national campaign in opposition to the US ratification of the Kyoto Deal which observers attributed to President Clinton’s decision after negotiating a deal in Kyoto acceptable to the United States, he never submitted it to Congress for ratification. I have learned that the way power often works is to spread a narrative through a culture that becomes so accepted that citizens are afraid to challenge it. That is  power often works by scaring people to not discuss certain things. But we have Martin Luther King, John Lewis, and the lesser known Hannah Arendt who have implied we citizens have a duty to call out injustice when we see it, although violence is never justifiable morally and will also undermine the credibility of the moral claim.

During my career I watched the United States fall precipitously from the position of undisputed international environmental leader at the beginning of the 1980s and be replaced by the European Union (EU) after that.  For over a decade the US environmental law and policy was an inspiration for the rest of the world after being given birth by Rachel Carson’s vision and other successes on justice issues in the late 1960s. A recent book, Exposed: The Toxic Chemistry of Everyday Products and What’s at Stake for American Power by investigative reporter Mark Shapiro documents how developing nations no longer go to Washington for advice on environmental policy; they now go to Brussels.[i]  The European Union is now widely viewed to be the global leader on environmental programs.  Shapiro explains how this shift in power has not only been bad for human health and the environment in the United States but also for American business in a world increasingly moving toward a greener global economy. The 2008 Army War College Threat Assessment Report on Climate Change not only draws the same conclusion about diminishing respect around the world for a country which was once more widely thought of as the shining city on the hill but may generate more violence against US interests from parts of the world increasingly stressed by water shortages.

In addition getting nations to appropriately comply with their ackowleged obligations to base their GHG target on equity, one of the ethical principles nations have agreed to would guide their policy, it  is still practically crucial to preventing gross harms to the world as the following chart demonstrates,

Notice this chart shows the GHG emissions reduction needed for the whole world to have any hope of achieving the Paris Agreement warming limit goal of 2C is depicted by the top line. You can see if the high emitting nations don’t reduce their GHG emissions to levels required of them by equity, the lesser emitting developing nations must go to zero immediately if there is any hope of achieving any warming limit goal.

2. Why opposition to rules developed for the common good are likely to be aggressively opposed by those whose economic interests are threatened by rules designed to achieve the common good.

Although Adam Smith is widely praised around the world for convincing much of the global community of the benefits of free market. Lesser known, however, is he also warned that the merchant class would sometimes conspire against the public interest and in so doing predicted that the merchants would sometimes be ruthless and effective in manipulating policymakers and legislatures by influencing the public’s understanding of issues that must be addressed to achieve the common good. (Sagar, Paul, Adam Smith and the conspiracy of the merchants: Global Intellectual History: Vol 0, No 0 (tandfonline.com) 

Some of the tactics used by the fossil fuel industry has been to spread disinformation . This has been accomplished by morally ruthless tactics that will be explored in the next section.

Another tactic which has been used with increasing effectiveness is the use of what I call false intimidating manipulative smears (FIMS), that are aimed at anyone who appears in the media who challanges the cullurally unchallengable narrative. Currrent frequently used FIMS hurled against anyone challenging the hegemonic cultural narrative  are the person is an “alarmist.” “socialst,” or recently believers in “entitlements.’ Because most people dont know how to respond to these FIMS, false intimidating smears, a future entry will critically evaluate the dominent FIMS.

3. What we can learn from climate change about the problems of getting traction for ethics in developing and implementing programs under consideration at the international level to achieve global common good. 

I have learned from academics and climate change NGOS working on climate issues   who I have often sincerely publicly praised for their technical work on climate change that they have no idea about how to spot nor critically evaluate ethical issues that arise in climate change policy formation. This is one of the reasons why they frequently shun discussing supplementing their technical conclusions with ethical considerations.

I have have rarely met US climate activists or academics engaged in climate science or economics that are aware that philosophers believe that even on ethical issues that reasonable people disagree on what justice requires, most reasonable people will agree that certain proposals on interpreting and applying ethical principles flunk minimum ethical scrutiny. They explain this phenomenon by saying people don’t need to know what justice requires to get agreement that some claims about justice flunk minimum ethical scrutiny. For instance, any proposal which allows someone to hurt others because of economic benefit to them violates the most basic ethical principle, the golden rule that says I cant harm others because of benefits to myself. It also violates the ” no harm” principle which the US agreed to in the UNCCC which requires nations to prevent activities within their boundaries from harming others even if the harms are not fully proven. A crucial example from climate law, although there are differences among ethicists about what equity requires, most ethicists agree “equity” may not be construed to mean anything that a nation claims it to mean, such as national economic self-interest. As IPCC said, despite ambiguity about what equity means:

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

In the 1980s I was invited to join the Editorial Board of the Journal of Environmen Ethics whose authors rarely contributed to conflicts about what ethics required on issues that arose in actual environmental controversies while for several decades focused almost exclusively on how to put a non-anthropocentric based value of nature.  I had through my experience concluded that there were many important issues arise in other environmental policy conflct that need the help of ethical analysis which must be considered to protect people and animals including some for which the ethical rule appropriate to policy had already been agreed to. So just spotting the implicit ethical issue is often all that is needed because some ethical issues that arise in policy are often  surprising easy to resolve once spotted.

Academic environmental ethics focus on resolving theoretical conflicts is a tragic mistake because ethicists are needed to help civil society evaluate untruths about unfairness claims that have been circulated by US opponents of climate change policy continue to frequently circulate, for instance, a recent example is that unless China reduces GHG emissions  at levels required of the US, it is unfair to the US although the US has significantly higher historical and per capita emissions than China.  According to  IPCC’s  to description of reasonable considerations for determining equity,  the  US  percentage  reductions  should  be  greater  than  China although  like all claims about what distributive justice requires, for instance, which happens frequently in US environmental law cases where there are multiple defendants who must find away to apportion hundreds of millions of damages among, the court system works out how to apportion the damages. This is a common problem on allocating damage awards in hazardous waste cleanup litigation in the US . In cases I have been involved with there were as many as 200 defendants fighting about how damages would be distributed. US courts are face*d with kind of problem frequently.

Notice in the charts below, US historical emissions are much higher than China’s as well as US per capita emissions even though China’s current emissions lead the world. 

 

The enormous damage to the world that has already been caused by a large sector of US civil society’s acceptance of arguments made by the fossil fuel industry about excessive cost and scientific uncertainty despite all governments having agreed that these excuses do not justify the failure of governments to comply with their agreed to obligation’s under the UNFCCC.  See discussions of “precautionary principle” and “no harm” rule on this website. 

The United States is not the only country in the world that has let its powerful fossil fuel industries interfere with their legal climate change obligations. See   NationalClimateJustice.org, although there is some evidence that the climate disinformation campaign organized originally in the US has been used by fossil fuel interests in other countries. I have also recently discovered that neoliberal ideology has gotten traction around the world, a fact of concern to many national leaders. See also Ethics And Climate Change, A Study of National  Commitments, Brown D. Taylor, P, (IUCN, Press-

Since climate negotiations began in the 1990s which resulted in the 1992 Convention on Climate Change, I have witnessed from a front row seat while representing US EPA at the UN on environmental issues and for a few years as staff person lead for Pennsylvania DER on climate change how fossil fuel interests have successively fought proposed government climate action largely by framing the public debate so that it has narrowly focused on scientific uncertainty and cost to the US economy and circulating false claims about unfairness. This is so, despite all nations had agreed to be guided by principles in their climate change policy formation that made scientific uncertainty and excessive national cost illegitimate excuses for a nation’s failing to comply with their climate obligations. Yet I have seen no press coverage of this phenomenon. I have also experienced that with a little ethical reasoning, people agree that these rules are ethically justified.

The article will argue this US failure to abide by principles they have agreed  has been caused by the economically powerful forces’ successful framing the arguments that have dominated the visible climate debates in the US so the debate has largely focused on facts about uncertainty and facts about high costs with the absence of critical reflection on the normative conclusions made by opponents about these facts.

3. The Failure of Higher Education

This problem has also been caused in part by the major failure of US higher education to educate citizens in skills needed to critically evaluate the normative conclusions of claims made in democracies about what should be done to achieve the common good. Despite all such claims have both factual premises and normative conclusions, citizens almost always only engage in critically evaluating the factual premises of arguments about what governments should do to achieve the common good. Citizens in a democracy need to be educated in subjects that facilitate crital evaluation factual premises and normative conclusions in claims about the common good, an assumption made by enlightenment philosophers and some US founding fathers. But as we will see, US higher education is increasingly part of the problem as many schools have shifted their primary goals to develop skills that will make students marketable for jobs, not competent citizens seeking to achieve the common good. (This claim will be the focus of the next entry on this website) Also, academics, as well as citizen activists often become preductively engaged in responses to climate change that they judge have some potential to make a difference given the political status quo. The focus of their energy thus is often responses to climate change that they believe have a chance of working given the acceptance of cultural narratives about excessive cost is an enormous urgent need to reduce GHG emissions to net zero ASAP a topic I argue should be mentioned in every discussion of a response to climate change. It is also an understandable tactic to justify climate policies solely on the basis policy will create jobs because it implicitly confirms the unreasonableness of the claim if this policy causes some job loss the policy should not be adopted. A more enlightened use of the jobs argument would be we must reduce GHG emissions immediately because they are causing and threatening enormous harms around the world, a byproduct of this policy will be some job creation but job creation is not why we should do this.

After Paris Agreement in 2015, I convened meetings of the leaders of the 5 largest environmental groups in Pennsylvania to explain and document that that the 1.5 C and 2.0 C warming limit goals required the whole world to achieve net zero emissions by 2045 and 2070 yet all five leaders who I greatly respect said they would not publicly talk about it because they would be labelled as ‘alarmists.’ Thus confirming the power of developing an unquestionable cultural narrative coupled with the widespread use of false,intimidating, manipulative smears  FIMS discussed above.

 

Some climate activists have claimed they dont know how to spot the ethical issues that arguments against climate policies raise. This is remarkable because almost all claims about what governments should do given certain facts are already part of the claim in the normative conclusion. This criticism does not diminish, in my view that many academic climate change scientists should be publically honored for the courage they displayed in correcting the misinformation on climate science that was undermining the political will to reduce national GHG emission.

That US higher education has done such a horrible job in educating students in environmental sciences on how to critically evaluate the normative conclusions in claims about the common good  became clear in a three-year study at Penn States revealed that undergraduate students in environmental sciences could not identify which part of a claim about what governments should do was the normative claim without training. This is truly frightening because it explains how vulnerable citizens are to bogus claims made by economically powerful entities and why proponents of climate policy frequently focus on the factual issues in a claim and ignore critically reflecting on the normative conclusions of claims made about what governments should do to achieve the common good.

Almost  all claims about what a government should do in response to climate change implicitly have the above form but many climate scientists and environmental activists whose technical work I have sincerely publicly honored have admitted to me that they were not aware that if they cant draw conclusions about the magnitude of climate impacts because of the complexity of the climate system, the inability to describe physical elements of the climate system needed to quantify risk assessments or do not have enough time to develop a risk assessment, they are expected to engage in precautionary science. Most American climate scientists I have talked to have admitted they were unaware of the arguable duty of governments who have a responsibility to protect human health and the environment have a responsibility to engage in “precautionary science” when reaching certainty about harms can’t be accomplished for practical purposes.

On Confusing Two Roles of Science and Their Relation to Ethics.

 

 

Scientists failure to understand the ethical duty to develop a process to implement  precautionary science when normal scientific procedures are unable to do  so when engaged in research on the harms from some potentially dangerous problems is a  enormous practical problem because part of the tactics of the morally outrageous of climate change disinformation have been to call all scientific conclusions that have not been based upon the epistemic norms of science that have been established to prevent a false positive or a type 1, statistical error, “junk science”.

Most American scientists and students in environmental studies in my experience are aware that some EU countries have already created procedures to apply precautionary science when scientific norms designed to prevent false positives prevent timely descriptions of dangerous risks. Nor that this has been done in the in the United States for determining a few threats like the cancer risk of low doses of tox substances. Yet this failure in assessing the risk of  harms from GHG atmospheric concentrations through precautionary science may turn out to be the most catastrophic policy failure in environmental law history. It may explain why earlier conclusions of IPCC underestimated climate impacts it described in its few first assessments, an issue worthyy of further research.. In other words this may be a failure with profound implications for the human race.

Another troubling area of ignorance among most climate activists is that the failure of nations to timely adopt a policy to achieve a warming limit goal makes the global challenge for everyone more expensive and more difficult because the delay reduces the carbon budget that must constrain the entire world to achieve any warming limit goal. Therefore their reassurance that ‘we have time’ is greatly misleading in a number of ways

An example of delays cost  was given in the 2019 UNEP report is as follow

In 1992, under the UNFCCC all nations agreed to be bound by the ” no harm” principle which  stipulated that that nations have a duty to adopt climate change policies that prevent activities from within their jurisdiction from harming others outside their jurisdiction.  A nation’s duty to adopt policies that will prevent climate change caused harms is not diminished under the “no harm” rule because these policies will be costly to the nation or the harms haven’t been fully proven. The reasons there is widespread acceptance of the precautionary principle is that is not difficult to get people to agree that once there is credible evidence that an activity is potentially very harmful to others, the person in control of the activity can’t continue to put others at risk because the potentially harmed person has not proven they will be harmed.

Some European nations deal with this issue by shifting the burden off proof from government to the entity in control of the risky matter to determine risk and safety.

Yet most US climate activists and academics engaged in climate usually respond to opponents claims about scientific uncertainty or cost by making counter factual claims about certainty and cost. My advice to them is that they continue to do their good work but they should publicly acknowledge that some scientific uncertainty is not a legitimate excuse for a government to fail to comply with their obligations to reduce the threat of climate change as all countries agreed when the adopted the precautionary principle in the 1992 UNFCCC.

I also urge that activists who are pushing for an economically based solutions couple this to a legally enforceable government deadline for achieving zero GHG emissions because market-based solutions that admittedly could be a productive tool to reduce emissions will likely have to be supplemented by other legal tools to achieve zero GHG emissions needed  ASAP and market-based tools implementation will not likely  be quick enough by themselves. Around the world countries that adopted carbon taxes or cap an trade regimes had to supplement them with other legal tools to achieve net zero reduction goals in a timely matter. Therefore the laudable efforts of many climate activists to get carbon taxes and cap and trade regimes into law should be acknowledged for helping create a helpful tool to achieve a legally enforceable target. But this tool needs to be supplemented with other legal tools to get to zero emissions ASAP.

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

A 2019 Special Report of the UN General Assembly found that climate change was already causing 150,000 premature deaths, a number which is sure to increase as temperature rises (UN General Assembly, 2019). So US emissions are already contributing to human rights violations but rarely is this brought up in US public discussions of climate issues in the nation that instituted international human rights law although the US is now behind many parts of the world in adopting procedural rights to bring human rights claims that continue to be hurdles to enforcements of some human rights largely because of difficult standing hurdles in US LAW

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

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

To defend itself against charges that climate programs needed to implement the Kyoto Protocol were too costly, the Clinton Administration in July of 1998 prepared a CBA that showed that costs to the United States of complying with Kyoto would not be great.[i] 

The Clinton Administration’s analysis concluded that these costs were justified because damages from a doubling of pre-industrial concentrations of greenhouse gases would cost the United States economy about 1.1 percent of GDP per year, that is $8.9 billion per year.[iii] In so doing the Clinton Administration seemed to acknowledge the validity of climate change counter-movement’s basic argument that domestic action should be limited to actions justifiable by CBA.  That is, at no time did the Clinton Administration assert that the logic of CBA that supported the position of the opponents to Kyoto was ethically problematic; the Clinton Administration simply asserted that the CBA calculations of those that opposed Kyoto were overly pessimistic.

The Clinton administration did not acknowledge any of the specific ethical problems with CBAs applied to environmental problems discussed on this website. In fact, remarkably there was no discussion in EPA or in the US media’s coverage of the Kyoto Protocol about the use of CBA to determine the acceptability of climate change raised the following ethical problems.

  • If climate change is an ethical problem, nations may not determine the acceptability of national climate change policies on the basis of national interest alone; they must acknowledge the duty to not harm others who have not consented to be harmed. Yet the debate in the US about the Kyoto commitment remarkably only focused on harms and benefits to the United States alone. The fact that US ghgs were harming and threatening hundreds of millions of people around the world was not considered or even commented on in my experience when the Clinton administration CBA on the Kyoto Protocol was discussed inside the government.
  • The Clinton administration CBA did not acknowledge the duty of high-emitting nations to compensate those who are greatly harmed by climate change, despite the fact the US had agreed to the “polluter pays” principle in the Rio Declaration in the in 1992. [iv]
  • The Clinton administration CBA did not acknowledge that the duty of the United States to not cause human rights violations despite the fact that the least contentious human rights, including the right to life and security, will be violated by climate change.
  • The Clinton administration CBA treated all harms to human health and the environment form climate change as commodities whose value could be determined in markets or by asking people what they are willing to pay for the entity harmed.
  • The Clinton administration CBA failed to acknowledge that those who might be harmed or killed  by US ghg emissions had a right to consent to be harmed thus violating principles of procedural justice.

In response to the Clinton CBA, opponents of Kyoto argued that the Clinton Administration’s analysis understated the costs to the United States economy.  The fossil fuel industry and others continued to oppose ratification of the Kyoto Protocol mostly on the basis that costs to the United States compliance with the Protocol would exceed benefits.

The most morally repugnant tactics of merchant class schemes that I have seen that have undermined the public good, a behavior predicted by Adam Smith, is likely the climate change disinformation campaign, see numerous articles and videos on the climate change disinformation campaign on this website.

I have struggled to express my view of the depth of the moral depravity of the climate change disinformation campaign which sociologists have well documented who paid for it, how it was organized, and how it operated. See, Is climate  science disinformation a crime against humanity. While fully acknowledging the importance of skepticism to science, skeptics must play by the rules of science including subjecting their claims to peer review. Ethically this is mandatory particularly when the skepticism is circulated to the public with the express goal of undermining the peer-reviewed science for the sole purpose of undermining public support for regulatory action that the most prestigious scientific organizations and Academies of Sciences have claimed government action is necessary to prevent catastrophic harm.

Nor can this be excused on the ground of free speech, a defense that the opponents of climate policies often make when they are confronted by the damage they have done in supporting the climate change disinformation campaign.

Why Exxon’s and Other Fossil Fuel Companies’ Funding of the Climate Change Disinformation Campaign Cannot be Excused As an Exercise in Free Speech but Must be Understood as Morally Reprehensible Disinformation.

Its tactics have included the following which are  further described in several articles and videos on this website under  the  category  climate disinformation.

Climate change is an environmental problem about which a little reflection reveals cant be solved at the national level because CO2 emissions from all countries mix well in the atmosphere, and raise atmospheric concentrations globally and thus are partly responsible for the horrific harms around the world including droughts, floods, more intense storms. In other words US GHG emissions increase climate harms everywhere which is often ignored while the press limits coverage to time left to achieve a Paris warming limit goal.  Because, no other environmental problem known to me has this characteristic , I  have concluded that the failure of competent people in their discipline to give informed advice on several important policy issues is because there are scientific aspects of climate change that are different than other more common environmental problems that require different policy responses that need to consider input from different disciplines.

The fact that excessive GHG emissions from any country are contributing to environmental harms globally because they mix well in the atmosphere raising atmospheric concentrations everywhere is never discussed in the US media in my experience, which is even more startling when the media extensively covers the migrant problem on the Mexican Texas border.

Recently the US media covered the claim of some Republicans that the refugee crisis serge on the Mexican Border was caused by the Democrats while not connecting this to predictions made by the Army War College in 1997 during war games and that i attended and later described in more detail in the 2008 Army War College report referenced above that drought would create migrants in many parts of the world that would cause social disruption and conflict.

In I997, while serving as US EPA Program Manager for UN Organizations, I was  invited to participate in war games at the Army War College which were examining risks from climate change that could cause social conflict. One of the security risks the army examined that day was from refugees in Syria which had a large farming area that was vulnerable to drought. In 2001 a three year drought began in Syria which caused 1,000,000 refugees who are still destabilizing large parts of Europe.

The US army also predicted  over 20 years ago that three countries in Central  America  were  vulnerable  to  drought and  therefore  likely  to  produce  refugees. Yet this aspect of  the refugee problems that are causing social disruption is rarely commented on in the media while discussing refugee problems from Syria and Central America.

The Army War College in a more recent 2008 report assessing climate threats predicted horrific impacts to the United States and around the world leading to social disruption and conflict.  Pumphrey, Carolyn Dr., “Global Climate Change National Security Implications” (2008). Monographs. 65.
https://press.armywarcollege.edu/monographs/65

Yet,  I cant stress enough the moral unacceptability of using violence or property damage as a tactic to respond to injustice as Martin Luther King stressed He also claimed that it will undermine the credibility of the protestor’s moral claim.

 Having written a book in 2002 called “American Heat, Ethical Problems with the US response to Global Warming,”  I was greatly surprised in March 2009 when the George W. Bush State Department invited me to speak to the Scottish Parliament about ethical issues raised by climate-change policies as they were debating an aggressive climate-change law in Edinboro. 

Before I spoke, a Scottish Parliamentarian made an argument that I have never heard any US politician make nor American climate activist. He argued that Scotland should adopt the new aggressive legislation under consideration because the Scots had an obligation to the rest of the world to do so. This justification is remarkably enlightened compared to the Trump’s deeply morally bankrupt justifications for getting the US out of the Paris Agreement on the basis of putting America First. He also gave several other justifications for leaving the deal which were factually wrong such as the Paris Agreement was unfair to the US. The UNFCCC a allows nations to decide what equity  requires of them.

In the coverage of Trump’s decision to get out of the Paris deal all commentators that I have heard ever mentioned that US delay makes achieving the Paris warming limit goal more difficult because the available budget for the world that must constrain the entire world to achieve any warming limit goal has gotten smaller have never mentioned in the press discussion of Trump’s justification for withdrawing from the Paris Deal.

Trump’s America First and claims that the Paris Deal is unfair to the US justification for leaving Paris are based upon obvious easily falsifiable crazy assumptions yet the US media has largely focused public attention on the fact that the US could rejoin which Biden has decided to do.

I noticed during my career as an environmental lawyer in government which started soon after the first Earth day in 1970 that the value of the environment became understood to be more  and more its commodity value, while Rachel Carson claimed that the environment should be preserved for the benefit of future generations. This phenomenon of making the value of everything its commodity value is consistent with the ideology of neoliberalism that continued to gain force beginning in the late 1970s. One  of the neoliberalism’s central ideas is that government’s regulatory decisions should be based on market valuation not ethical logic. This is inconsistent with so many universally accepted ethical principles such as the golden rule that are the basis for much of international law.

By the miid-1980s both Democrats and Republicans used with increasing frequency cost-benefit analysis to determine whether a law or regulation was appropriate. And so by 1997, while the Clinton administration was debating internally whether it should decide to join the Kyoto Protocol on the basis of two cost-benefit analyses both of which had commodified the costs and benefits by looking looking at US impacts of climate change alone, nor consulted with those who who were most vulnerable to climate impacts, nor considered that under the ‘no harm’ rule that the US had agreed to the US is morally if not legally enforceable responsible for harms they contributed to in other countries.

About a decade ago, John Broom, a respected English economist/philosopher was giving a lecture at the University of Delaware, when during a break in his presentation he casually asked the audience a question. “Do you know how to calculate the value of climate caused harms if climate change  kills all the people in the world?” I experienced this question as a Monty Python moment. This is the kind question that a comic would ask to show the obvious absurdity of a claim.


It is amazing to me that many ethical problems with cost benefit analysis are rarely discussed in the US media, despite obvious ethical problems with its use to determine justice. CBA can be productively useful as a tool to determine efficiency of policy options, but as IPCC said economic conclusions by themselves cant determine justice. .

This is another example of the dismal failure of higher educations to teach critical thinking skills needed to effectively evaluate normative conclusions already present in claims about what a government should do given certain facts. For identification of ethical issues raised by climate change policy making relying on cost-benefit analysis, see Brown, D. (2008) Ethical Issues in the Use of Cost-Benefit Analysis of Climate Change Program, https://ethicsandclimate.org/2008/06/01/ethical-issues-in-the-use-of-cost-benefit-analysis-of-climate-change-programs/,

In 1997, I was asked by the US State Department while serving as US EPA Program Manger to the UN to co-chair for the US in a UN negotiation  that was considering a document in which all governments, not IPCC scientists, would be asked to agree that the elevated warming the Earth was already experiencing was human caused.   By the end of the negotiation all approximately 155 nations agreed to a stipulate that the balance of the evidence supported human causation. Yet 30 years later, all Republican presidential candidates and some democratic politicians would not agree that climate change is human caused. Given the destruction to human health, property, and ecological systems on which life depends, this is a failure of monumental tragic significance. Many scientists and academics usually respond to issues about models. In addition to the models being able to usually predict future temperatures  and when run  backward usually describe  prior warming, other evidence that deepen the moral duty to take action is the for me,is  finger prints evidence  and attribution studies that test whether natural forces that have driven Earth’s natural heating an cooling cycles are extraordinary strong evidence that warming is very likely human caused more than enough to crate moral responsibility to act in most peoples views.

Enlightenment philosophers and several US founding fathers claimed that the purpose of a democracy was to achieve the common good. Because of this, and aware that some economically powerful entities or people might try and make the government work for their economic interests, they advised that citizens should be educated in science and other disciplines that would help them critically evaluate factual claims and ethics to enable them to critically evaluate disputes about justice.

In the next post we will describe the overall failure of higher education to educate civil society with critical thinking skills needed to evaluate contentious normative conclusions in claims that arise in government’s efforts to achieve the common good. We will see that some of these problems are also attributable to academic philosophy departments which have mostly focused on theoretical philosophical issues, not on helping training students to spot and resolve ethical issues that arise in policy controversies. Unfortunately and tragically, many universities also have changed their major focus to training students in skills needed in the market economy not to make government work for the common good. And why this has happened has also been the subject of social research that we will write about next

The next entry on this topic  will cover in more detail why higher education is partially responsible for US and other country failures to get traction for ethics in response to national responses to climate change despite the continuing need to praise some academics for their courage in helping civil society understand the validity of mainstream science. To say that higher education is part of the problem should not be interpreted to demean the academics who are making valient contributions but to explain why the US universities ever increasing focus on technical issues is lamentable.

There over 200 entries on these issues on ths website which can be found in the search bar.

Conclusion

Because global cooperation is needed to solve other emerging global threats that cant be solved at the national level, global cooperation will require getting traction for ethics  in international negotiations on these additional threats. Thus problems discussed here are relevant to other emerging needs for  nations to  cooperate on global governance

 

Donald A. Brown

Scholar in Residence,

Sustainability Ethics and Law

Widener University Commonwealth Law School

Winner of the UNESCO prize for excellence in ethics in science

dabrown57@gmail.com

bio 

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

I. Introduction
 

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

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

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

The seven issues discussed in this article are:

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

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

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

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

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

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

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

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

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

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

Nations also agreed in the 1992 UNFCCC that:

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

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

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

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

(Sceptical Science)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The IPCC went on to say that;

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

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

(Columbia University, 2019)

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

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

(Columbia University,2019)

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

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

(Global Carbon Project, 2019)

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

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

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

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

(UCSUSA)

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

(Skeptical Science)

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


(Simple Climate)

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

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

 

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

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

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

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

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

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

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

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

The immoral tactics have included:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Business Insider)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

References

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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What the Media Should Learn From Its Intense Coverage of COVID-19 About How to Cure Its Failed Reporting On the More Devastating Threat of Climate Change

 (L.Thieblemont)

I. Introduction

This article will explain how the US media’s recent intense focus on the scourge of the coronavirus pandemic (COVID-19) provides many important lessons on how to cure the media’s dismal failure to provide adequate coverage of the more menacing crisis of climate change. While acknowledging a legitimate public interest in the media’s indispensable role in keeping citizens as well informed as possible on the status of the threat of COVID-19, this article examines the media’s consequential failure to adequately inform US citizens about a host of issues they need to understand to effectively evaluate any nation’s response to climate change and judge the argument’s that have been and continue to be made by opponents of climate change, a problem which we will explain is much more threatening than COVID -19.  This article also explains how the media’s coverage of COVID-19 provides lessons on how they could greatly improve their failing coverage of climate change.

Continue reading

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

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

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

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

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

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

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

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

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

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

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

By

Donald A. Brown

Scholar in Residence,

Sustainability Ethics and Law

Widener University Commonwealth Law School 

dabrown57@gmail.com

References:

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

Environmental Lawyer and Professor Donald A. Brown (USA) receives 2019 UNESCO Avicenna Prize for Ethics in Science

On November 14, UNESCO in Paris honored me with the Avicenna Prize for my work on climate change ethics. The following is the UNESCO press release explaining this award.

 

The Director-General of UNESCO, Audrey Azoulay, today awarded the 2019 edition of the UNESCO Avicenna Prize for Ethics in Science to Professor Donald A. Brown, Scholar in Residence for Sustainability Ethics and Law at Widener University Commonwealth Law School (USA). This year’s Avicenna Prize, its 5th edition, was dedicated to the ethics of the environment.

Professor Brown is a world-renowned expert in environmental science and more specifically in the international climate change ethics movement. His book Climate Change Ethics: Navigating the Perfect Moral Storm (2013) provides an influential analysis of why ethical principles have been neglected and how to include them in the climate change conversation.

He has sought to ensure that applied ethics is central to climate change policy development both nationally and internationally. His compelling argument that limiting carbon emissions and mitigating climate change is the ethical imperative of our time resonates widely in the current discourse on climate change.

An independent international jury, composed of three members of UNESCO’s World Commission on the Ethics of Scientific Knowledge and Technology (COMEST), unanimously recommended the laureate for his sound scientific contribution to the ethics of science and technology, particularly the ethics of climate change and environmental sustainability, his unique qualities as a scientist, environmental lawyer, climate change educator, activist and opinion-leader, and his lifetime commitment to, and outstanding impact on the ethics of climate change science and policy-making.

Held at UNESCO, the Award Ceremony was attended by Ambassador Ahmad Jalali, Permanent Delegate of the Islamic Republic of Iran to UNESCO whose country initiated the establishment of the Prize in 2003.

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The UNESCO Avicenna Prize is named after the renowned 11th century physician and philosopher of Persian origin known in Europe as Avicenna (980-1038). A healer and humanist, Avicenna developed an exemplary holistic approach that captures the essence of ethics in science and has thus come to serve as a source of inspiration for the promotion of this concern, which is of central importance to UNESCO. It rewards the activities of individuals or groups in the field of ethics in science with the gold Avicenna Medal, a certificate, and the sum of $50,000 as well as a one-week academic visit to the donor country.

 

If some of the ethical and justice issues raised by climate change are so obvious that even monkeys would get them, why doesn’t the media, NGOs, and citizens spot these ethical issues in climate change policy formation controversies?

The ethical issues raised by arguments raised against climate change policies often raise obvious ethical problems such as the claim that a country such as the United States need not adopt policies if they will impose unacceptable costs on the nation or an industry discussed in this video. There are, however, many other examples of strong ethical problems with arguments made against proposed climate change policies that are not discussed in this video that are discussed on this website, ethicsandclimate.org. See the “index and start here” tab above on this website for other topics.

Donald A. Brown

Scholar in Residence, Sustainability Ethics and Law

Widener University Commonwealth Law School

dabrown57@gmail.com