Ethical and Justice Issues At the Center of the Warsaw Climate Negotiations-Issue 3, Financing Adaptation in Vulnerable Counties, and Issue 4, Ethical Responsibilities for Loss and Damages.

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I. Introduction 

This is the fourth paper in a series which is looking at the ethical issues entailed by the negotiation agenda at COP-19 in Warsaw. The firs two papers looked at ethical issues entailed by the need for increasing ambition for national ghg emissions reduction commitments in the short-term and the second examined ethical issues created by urgent needs of nations to commit to significant ghg emissions reductions in the medium- to long-term. This paper concludes a series that has been examining ethical issues in play at Cop 19 before the conclusion of the Warsaw COP.  Additional papers in the series will again look at these issues in light of what actually happens in Warsaw.

In this paper we look at two issues together, namely ethical issues entailed by the need of many developing countries to find funding necessary to adapt to climate change and the related question of funds needed to compensate vulnerable countries and peoples for losses and damages that are not avoided by protective adaptation measures. These two issues are being examined in the same paper because ethical obligations for adaptation and compensation spring from the same ethical and legal considerations. We conclude in this paper that high-emitting nations have an ethical responsibility to fund adaptation needs in vulnerable nations and to provide funds for loss and damages in these nations despite difficult questions in determining precisely what the amount of these obligations are.

II. Ethical Responsibility for Funding Adaptation

The international community agreed in Copenhagen in 2009 to raise $100 billion annually by 2020 to fight climate change – in addition to the $30 billion they pledged to raise through 2012 in “fast-start” financing for the developing world. This funding has not yet materialized and it is not certain whether rich nations will be able to meet the 2020 goal. This paper looks at the ethical obligations of developed countries to provide this funding.

The United States and other industrialized countries committed to such assistance through the United Nations Framework Convention on Climate Change (UNFCCC), the Copenhagen Accord (2009), and the Cancun Agreements (2010), wherein the higher-income countries pledged jointly up to $30 billion of “fast start” climate financing for lower-income countries for the period 2010-2012, and a goal of mobilizing jointly $100 billion annually by 2020. The Cancun Agreements also proposed that the pledged funds are to be new, additional to previous flows, adequate, predictable, and sustained, and are to come from a wide variety of sources, both public and private, bilateral and multilateral, including alternative sources of finance.new book description for website-1_01

The United States and European Union, citing budget constraints, have refused to put concrete figures on the table during COP-18 in Qatar last year.
 A Green Climate Fund agreed at the Durban conference to spearhead funding to combat climate change, still has no money.
 For this reason, funding for needed adaptation in vulnerable countries is high-priority agenda item in Warsaw.

As we shall see, that high-emitting nations have responsibility for funding adaptation measures in developing countries is a conclusion that can be based on strong ethical grounds despite reasonable disagreements about such matters as when the ethical responsibility was triggered, which kinds of adaptation measures should be funded now, and the need to distinguish between responsibilities that arise due to the “fault” of high-emitting countries and responsibilities which arise without attributing “fault.”

High-mitting developed countries have undeniable ethical obligations to fund reasonable adaptation measures in vulnerable developing countries both as a matter of sound ethical reasoning and international law. This obligation exists even though reasonable disagreement exists about the details of this funding. It is therefore ethically unacceptable for some nations to assert that because there is disagreement about the details of funding obligations for adaptation, they need not commit to funding adaptation needs.

A rigorous ethical analysis of the obligations of high-emitting developed nations to fund reasonable adaptation measures is beyond of the scope of this paper. (For such analysis see: Brown, 2013, Chapter 7, and Grasso, 2009) Yet the outlines of this analysis are as follows:

The developed countries are most responsible for the human-induced warming which the world is experiencing and is threatening hundreds of millions of people around the world because of the levels of both historical ghg emissions amounts and high per-capita ghg emissions that have been increasing ghg atmospheric concentrations. In addition, those most vulnerable to climate change damages are often the least responsible for greenhouse gas emissions. Therefore, those who could most benefit from adaptation measures are often least responsible for excessive greenhouse gas emissions. This is true both at the national and the local level.

In addition, those most vulnerable to climate change are often least able to afford adaptation measures such as dikes, irrigation to compensate for droughts, moving away from flood or storm prone areas, installing HVAC systems and implementing improved public health systems.

In general terms, a society’s vulnerability to human-induced climate depends upon its poverty. The Pew Center for Climate Change described vulnerability to climate change as follows:

Vulnerability to climate change reflects its degree of exposure and its capacity to adapt. Exposure has two principal elements: the climatic conditions themselves, and the extent and character of the population, wealth, and development exposed to them. Capacity is a society’s ability to adapt to changing climatic conditions, whether by reducing harm, exploiting beneficial new opportunities, or both. This ability to adapt, whether to changing climate or other new circumstances, is in part a function of a society’s level of wealth, education, institutional strength, and access to technology. The nature and the extent of a society’s development, therefore, heavily influence both its degree of exposure to climate risks and its capacity to adapt.

(Burton et al. 2006)

Because vulnerability to climate change is both a function of where harsh climate change impacts will be experienced and the financial ability of people to adapt, many poor developing countries are particularly vulnerable to climate change.

That those who are causing climate change have an ethical responsibility to protect those who could be seriously harmed by human-induced warming by funding responsible adaptation measures is a conclusion that follows from numerous ethical theories and several international law principles.

Almost all the world’s religions, basic human rights theories, and numerous other ethical arguments hold that no person has a right to greatly harm someone else without their consent. In fact, the right to life and security is considered a core human rights principle that has been accepted by almost all nations in the world. All nations that are responsible for the violation of human rights have clear duties to restore conditions required to assure that the rights are enjoyed.

Some nations have denied responsibility for compensation and adaptation costs in climate change negotiations. Yet norms about responsibility for damages from human-induced climate change are well established not only by most ethical theories but also in a variety of international agreements, including the Rio Declaration on Environment and Development (UN, 1992b), United Nations Framework Convention on Climate Change (UN 1992a).

The Rio Declaration on Environment and Development states in relevant part:

• 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 of areas beyond the limits of national jurisdiction (UN 1992b: Principle 2, emphasis added).

• 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 (UN 1992b, Principle 16, emphasis added).

• 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 ‘s point is he or hejurisdiction or control to areas beyond their jurisdiction (UN 1992b, Principle 13, emphasis added).

Additional norms relevant to national responsibility for damages caused by one nation to another are contained in UNFCCC including:

• 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 of areas beyond the limits of national jurisdiction (UN 1992a: Preface, emphasis added).

• The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof (UN 1992a: Art. 3, emphasis added).

• 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 (UN 1992a: Art 3, emphasis added).

 

These provisions of international law have been agreed to by all almost all nations and establish clear national responsibilities to not harm others beyond their jurisdiction, to pay for the damages to those beyond their borders who are harmed by domestic ghg emissions, and to not use scientific uncertainty as an excuse for failing to take protective action. Yet many nations have caused, and continue to cause climate change damages while they have refused to limit their emissions to their fair share of safe global ghg emissions, compensate those who have been harmed, or provide adequate, predictable funding for adaptation. Yet, the above international law provisions make it clear that nations have obligations to others to prevent climate change damage. Consequently, their failure to take action to reduce the threat of climate change makes them responsible for climate change harms and therefore responsible for funding reasonable adaptation measures of developed nations needed to prevent harm.


loss and damage

 III. Responsibility for Compensation for Climate Change Harms

Innocent people around the world will suffer harms that should be compensated by those who are responsible for climate change because: (a) there is insufficient money to support all the adaptation that is needed, (b) some harms have already occurred, (c) time does not allow for the adoption of adaptation measures necessary to protect some vulnerable people from harm, (d) it is impossible to predict where some harms will occur, or (e) the technology to protect against some of the harms is not now available. For instance, although biological sciences have produced some drought resistant crops, for other crops no drought resistant strains have yet been developed.

From this, the following conclusions can be made. Some climate change harms are unavoidable, others harms can be prevented or minimized through adaptation, and some harms have already happened. Yet, those experiencing these harms are rarely those who are most responsible for them. For this reason, developed nations have responsibility to compensate vulnerable nations and people for the harms from human-induced climate change.

IV. Difficulties In Determining Precise Amounts of Funding Amounts for Adaptation And Compensation Obligations of Individual Nations.

Thus far we have explained why high-emitting nations have clear duties to fund both reasonable adaptation in vulnerable developing countries and compensation for climate change harms in countries that have done little to cause climate change. Yet, there are, however, a number of issues that make it difficult to say what precisely is the magnitude of financial obligations for adaptation and compensation of any one nation. Looking at these issues in detail is beyond the scope of this article. (For more detailed analysis of these difficulties see Brown, 2013, Chapter 7 and Grasso, 2009.)

These issues include: (a) the need to determine when the obligation of any nation is triggered, (b) difficulties in determining which adaptation and compensation needs are attributable to human-induced warming versus natural variability, (c) challenges in allocating responsibilities among all nations that have emitted ghg above their fair share of safe global emissions, (e) challenges in prioritizing limited funds among all adaptation and compensation needs, (f) needs to set funding priorities in consultation with those who are vulnerable to climate change impacts as a matter of procedural justice, and (e) the need to consider the capacity of some nations to fund adaptation and compensation needs.

V. The Obligations of Nations To Fund Adaptation Needs and Compensate for Loss and Damages Despite Challenges in Determining Precise National Obligations.

As we have seen there are many challenges in determining precise obligations of nations for adaptation and compensation. However, these difficulties do not justify nations from ignoring their obligations for adaptation and compensation. The fact that there are challenges in working through what precisely are any nation’s obligations is not justification for failing to fund adaptation nor compensate for losses and damages.

To overcome some of the challenges in determining precise obligations, international institutional responses such as funding needs through common forms of taxation, dedication of trading revenues for use for adaptation and compensation, and other institutional responses of high-emitting countries are worthy of serious consideration.

References:

Brown, Donald, 2013, Climate Change Ethics, Navigating the Perfect Moral Storm, Routledge, Earth Scan, London and New York

Burrton, I., Deringer, E., and Smith, J. (2006) ‘Adaptation to climate change, international policy options’, Pew Center for Climate Change, available at: <http://www.pewclimate.org/docUploads/PEW_Adaptation.pdf&gt; (accessed 7 March 2012)

Grasso, Marco, 2009, An Ethical Approach to Adaptation Funding, Gl0bal Environmental Change, http://www.yumpu.com/en/document/view/9873146/an-ethical-approach-to-climate-adaptation-finance-marco-grasso

United Nations (UN) (1992a) ‘United Nations framework convention on climate change’, UN Document, A: AC237/18.

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

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Visiting Professor, Nagoya University, Nagoya, Japan

Part-Time Professor, Nanjing University of Information Science and Technology,

Nanjing, China

 

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Retrospective Moral Intuitions on Equity Dominate the Warsaw Talks as the UN Climate Conference Transitions into its Second Week.

warsaw

Editor’s note: The following entry is a report from Idil Boran who shares her views about the ethical issues in play in the Warsaw Climate Negotiations at the end of the first week. Ethicsandclimate.org  has posted three of several articles to be posted which are looking at the ethical issues entailed by the Warsaw agenda. This series will continue this week. At the conclusion of the Warsaw meeting, the series will review how the ethical issues were dealt with in Warsaw.

Idil Boran is  attending the Warsaw negotiations and is Associate Professor and Director of the Certificate Program in Practical Ethics, Department of Philosophy, York University, Toronto, Canada.  For inquiries, contact iboran@yorku.ca

 

Retrospective Moral Intuitions on Equity Dominate the Warsaw Talks as the UN Climate Conference Transitions into its Second Week

 

The 19th Conference of the Parties at the United Nations Framework Convention on Climate Change (UNFCCC) is taking place in Warsaw, Poland’s capital, through November 11-22, 2013.  As the first week of the conference ended, the delegates have taken a break on Sunday to prepare for the second week.  The discussions at the National Stadium in Warsaw, the official venue of COP 19, have so far been tense, which is to be expected.  This is in many respects a critical year for climate negotiations.  With 2015 in the horizon, pressure is building up to establish the details of a possible new treaty to be adopted in 2015 as the outcome of the Durban Platform for Enhanced Action.

Two issues came the forefront on the first week, setting the tone for the week to come.

  1. Historical emissions

Brazil put forward a proposal, supported by China, to use historical emissions levels going back to the industrial turn of mid-nineteenth century, in order to determine how much countries should be allowed to emit in the future.  Both the European Union and the United States have categorically rejected this proposal.  This issue is clearly highly divisive.  Yet, at the same time, a focus on past emissions has long been a recurrent rationale at COP meetings, as it resonates in the minds of many negotiating parties as a possible starting point for establishing fair terms of cooperation.

  1. Loss and damage

An agreement in principle was reached in Doha, Qatar, at COP 18 in 2012 to include a “loss and damage” clause in the new treaty.  Prompted by the destruction in the aftermath of typhoon Haiyan, last week’s discussions were heavily focused on claims of compensation against loss and damage associated with climate change.  The suggested scheme, supported by many developing countries, is that developed countries would pay compensation to developing countries experiencing a weather-related disaster. There are difficulties with this proposal, however.  Although weather extremes are to be expected in world affected by climatic change, associating a single event with climate change is not straightforward, which is why the discussions on this issue remain deeply politicized and highly contentious.

nw book advWhat these issues have in common is that they both put forward a conception of equity appealing to a principle of corrective justice.  Both proposals follow a retrospective logic for establishing equitable terms for allocating the costs of climate change within a possible treaty.  The former is concerned with the costs of mitigation.  And the latter is concerned with the costs of adaptation.  Nevertheless, both perspectives consist of looking at the past for identifying wrongdoing, and request compensation from those viewed to be responsible for climate change.

Yet, establishing fair terms of cooperation need not be based on a retrospective logic, and the thinking certainly need not revolve so narrowly on compensation.  This way of thinking consists of allocating costs and responsibilities by appealing to claims of blame and liability.  These appeals bring to the negotiation table tort-like intuitions, which are more divisive than cooperative.  Equitable cost sharing can be conceptualized within a forward-looking framework, by identifying needs and capacities and moving onwards into a future where genuine cooperation will be needed. Even on the issue of loss and damage, policy can be designed to achieve a system of cooperation against weather disasters based on risk-sharing and risk-transfers, without focusing so narrowly on placing blame.  This kind of policy would provide more than ad hoc disaster aid and would help build resilience in vulnerable countries on an ongoing basis. Although retrospective moral thinking is highly intuitive, the worry is that this way of conceptualizing equitable cost sharing may seriously jeopardize the possibility of an agreement.

The international community has an interest in conducting discussions within non-retrospective and forward-looking parameters for equitable cost sharing.  It would be unfortunate if the negotiations became deadlocked because of insistence on retrospective moralizing on these two issues.  How the discussions will unfold at National Stadium throughout the second week of the conference is yet to be seen.

By: 

Idil Boran

 iboran@yorku.ca

The Ethical and Justice Issues At the Center of the Warsaw Climate Change Negotiations-Issue 2, Equity and National GHG Emissions Reductions Commitments in the Medium- to Long-Term

 

climate justice

This is the third paper in a series which is looking at the ethical and justice issues entailed by the Warsaw climate change negotiating agenda. This paper looks at issue two, namely, the ethics and justice issues entailed by the need to find a global solution to climate change that includes national ghg emissions targets after 2020. The last entry looked at ethical issues entailed by the need to increase the ambition of national emissions targets before 2020 when a new climate change treaty that will be negotiated by 2015 comes into effect.

new book description for website-1_01The issues of long-term national commitments to reduce ghg emissions is being negotiated in Warsaw under the Durban Platform. The Ad Hoc Working Group on the Durban Platform for Enhanced Action (ADP) is a subsidiary body of the UNFCCC that was established by a decision of the Durban COP in December 2011. The mandate of the ADP is to develop a protocol, another legal instrument, or an agreed outcome with legal force under the Convention applicable to all Parties, which is to be completed no later than 2015 in order for it to be adopted at the twenty-first session of the Conference of the Parties (COP) and for it to come into effect and be implemented from 2020. Among many other issues, the new treaty will need to take a position on several issues relating to national ghg emissions obligations after 2020.

The last entry in this series examined some of the most recent scientific evidence that has concluded that the world is rapidly running out of time to prevent dangerous climate change. The staggering magnitude of the challenge facing the international community to limit warming to 2 degrees C can be visualized by understanding the following chart that depicts three ghg emissions reductions pathways which would allow the world to stay within a specific remaining budget to achieve a specific atmospheric concentration of ghgs. As we explained in the last entry, the IPCC has in September of this year described a budget that would give the world a 66% confidence of preventing the 2 degree C warming limit which the international community has agreed upon.

Any atmospheric ghg concentration target can only state the warming that will be experienced at the concentration limited by  a probability statement because there is scientific uncertainty about climate sensitivity, a term which is used to describe the warming that will be caused by different concentration of atmospheric ghgs. The level of certainty that we should seek to limit warming to a specific atmospheric concentration is itself an ethical question, not just a scientific question which often goes unexamined by the scientific community when discussing warming limits and emissions budgets to achieve warming limits.

One might ask why the budget prepared by IPCC was not based upon achieving the 2 degree C with much higher levels of certainty, a question which is not discussed in the IPCC report, yet one might speculate that IPCC’s failure to discuss a budget that would assure 100% certainty that the 2 degree C warming limit would not be exceeded was because it would leave no remaining budget for additional ghg emissions. The international community has already emitted so much CO2 that limiting warming to 2 degrees C with very high levels of certainty would mean that future emissions must be negative emissions, that is activities which remove ghg from the atmosphere while immediately ceasing ghg emissions activities.

As we have seen in the last entry, if the IPCC budget would have included all ghgs that have been emitted, it would have concluded that there remains only 269 billion tons of CO2e left to be emitted by the entire global community to stay within an emissions budget that will give a 66% confidence that the 20C warming limit would not be exceeded. Achieving the global reductions entailed by this budget is a civilization challenging problem of the highest magnitude.

The following chart prepared by the Global Commons Institute provides a visualization of the enormity of the challenge entailed by a budget of approximately 242 billion tons. This chart shows 3 different potential missions reductions pathways which will stay within the budget which differ depending upon how fast the needed emissions reductions are begun. The later global emissions peak and begin to be reduced, the steeper the emissions reductions pathways must become. This fact alone leads to the conclusion that any delay in emissions reductions has ethical significance because the steeper emission reductions are needed, the more difficult, if not impossible, it becomes to achieve the needed reductions. For this reasons, those who have been advocating for a delay in implementing a very aggressive ghg emissions policy can be understood to be engaged in ethically troublesome activities because it is alreadly likely to be too late to prevent some very serious consequences from climate change to hundreds of millions of people around the world.

Slide22

This chart, being a depiction of total global emissions reductions pathway, does not attempt to display what the emissions reductions pathway in any one nation would be if equity and justice were to be taken seriously by nations. High emitting nations will need even steeper reductions in global missions than those depicted in the above  chart. If there is any hope of achieving the global emotions needed to limit warming to 2°C, as we explained in the last entry in the series, nations will need to limit their emissions based upon equity. Yet, equity-based emissions for high emitting developed countries will lead to an even greater challenge for high emitting nations. The following chart, also prepared by the Global Commons Institute, depicts what the US share of total global missions must be if United States were to agree on a per capita allocation of the remaining global budget to satisfy its clear obligations to take equity into account although this chart would change depending upon when nations would agree on equal per capita shares and when global emissions peaked. Nevertheless it is helpful to demonstrate the enormity of the challenge entailed by the undeniable need to take equity into account by depicting the consequences for one nation as this chart does.

Slide23

This chart uniquely shows why the United States and other high-emitting nations likely do not want to discuss “equity” in the Warsaw climate negotiations. If United States and other high-emitting nations were to take seriously its obligation to reduce its emissions based upon equity or distributive justice, such a decision would create an enormous challenge for them. And so, it would appear that the United States and several other developed countries have entered the Warsaw negotiations as if they can ignore the equity and justice issues while justifying their national ghg reductions commitments ultimately on the basis of national economic interest.

However, emissions reductions commitments based upon national economic interest can not be understood to satisfy any reasonable definition of equity or plausible formula for distributive justice.

Distributive justice does not require that all parties be treated equally. But distributive justice does require that parties who want to be treated differently justify their different treatment on the basis of morally relevant criteria. For instance, according to theories of distributive justice, I cannot justify my desire for more food on the basis that I have blue eyes. The color of my eyes it not a relevant basis for unequal treatment when it comes to food distribution. For the same reason, a justification for national ghg emissions reduction target commitments  based upon national economic interest alone that does not consider global responsibilities does not pass minimum ethical scrutiny. It is totally ethically bankrupt.

Many commentators on the “equity” issue arising in international climate negotiations dismiss any plea for “equitable” allocations on the basis that because different people reach different conclusions about what equity requires the search for an equitable global solution to climate change should be abandoned. For instance it has been reported that the United States has resisted discussing equity on the basis that there is no objective way of determining what equity requires.

Yet the fact that different people reach different conclusions about what equity means does not mean that all opinions about what acting equity means or entitled to respect. As we’ve seen, theories of distributive justice require that people want to be treated differently identify morally relevant criteria for being treated differently. As we have seen, the color of my eyes is not a morally relevant criteria were being treated differently. Similarly my race is not a morally relevant justification for giving me the right to vote above others.

The world urgently needs a deeper conversation about equity and justice and national climate change policies.

To move the equity debate along, nations should be required to specify specifically how their emissions reductions commitments deal with both the enormity of the challenge entailed by the global emissions budget identified by the IPCC and how their emissions reductions target specifically can be justified on the basis of equity and justice.

Although reasonable people may disagree on what equity and justice may require of any national ghg emission reduction commitment, there are only a few considerations that are arguably morally relevant to national climate targets. This entry will end with the identification of a few equity frameworks that have received serious attention in the international community. It is important to stress, however, that although there is some legitimate disagreement about which of these formats to follow in international negotiations, almost all national emissions reductions commitments of large emitting countries fail to pass any reasonable ethical scrutiny. In discussing equity and the distributive justice of national commitments, the relevant criteria for being treated differently that have been recognized by serious participants in the debate about equity include: (A) per capita considerations, (B) historical considerations, (C) luxury versus necessity emissions, (D) economic capacity of nations for reductions, (E) levels of economic development, and (E) and combinations of these factors.

The fact that reasonable people may disagree about the importance of each one of these criteria does not mean that anything goes as a matter of ethics and justice. In addition, the positions actually been taken by nations on these issues in the negotiations utterly fail any reasonable ethical scrutiny. For this reason, concerned citizens of the world should focus heavily on the obvious injustice of national positions on these issues rather than worrying about what perfect justice requires.

In addition, in all probability, a global framework for equity would include some forward looking considerations including per capita considerations and backward looking considerations such as historical responsibility from a specific date, modified by certain economic considerations including economic ability to respond rapidly and perhaps differences between necessity emissions and luxury emissions.

We would stress, it is not as necessary to get immediate agreement on the final framework as it is to achieve a wider understanding of the utter failure of national commitments thus far to deal with the equity and justice issues. Along this line each nation should be asked to answer a series of questions about their commitments which include:

A. What specifically is the quantitative relevance of your emission reduction commitment to a global ghg emissions budget to keep warming below the 2°C warming target. In other words how does your emissions reduction commitment in combination with others achieve an acceptable ghg atmospheric concentration that limits warming to 20C.

B. What is the atmospheric ghg concentration level  that your target in combination with others is aiming to achieve?

C. How specifically does your national commitment take into consideration your nation’s undeniable obligation under the UNFCCC to base your national climate change policy on the basis of “equity.” How have you operationalized equity?

D. What part of your target was based upon “equity.”

E. Are you denying that nations have a duty under international law to assure that:

a. the “polluter pays,”

b. that nations have a duty to assure that citizens in their country not harm other people outside their national jurisdiction,

c. nations should have applied the precautionary approach to climate change policy since 1992 when the UNFCCC was adopted?

F. How does your national ghg target commitment respond to these settled principles of international law?

As we have noted, citizes of the world need to increase international understanding of the failure of nations to respond to equity and distributive justice. The following equitable framework formats are among others in serious discussion in international climate negotiations about what “equity” requires. However, as we have argued, it is more important in this moment in history to achieve a higher level of understanding of the utter injustice of national ghg emissions commitments than it is to get agreement on what perfect justice requires. This is particularly because, the international media, for the most part, is utterly failing to cover the obvious ethical unacceptability of most national commitments on climate change.

Contraction and Convergence (C&C) is a proposed global framework for reducing greenhouse gas emissions to combat climate change. Conceived by the Global Commons Institute [GCI] in the early 1990s, the Contraction and Convergence strategy consists of reducing overall emissions of greenhouse gases to a safe level (contraction), resulting from every country bringing its emissions per capita to a level which is equal for all countries (convergence). It is intended to form the basis of an international agreement which will reduce carbon dioxide emissions to avoid dangerous climate change, carbon dioxide being the gas that is primarily responsible for changes in the greenhouse effect on Earth. C&C does not require immediate per capita emissions per country but allows a later convergence on capita allocations to deal with other equitable considerations.

Greenhouse Development Rights is a framework wherein the burdens for supporting both mitigation and adaptation are shared among countries in proportion to their economic capacity and responsibility. GDRs seeks to transparently calculate national “fair shares” in the costs of an emergency global climate mobilization, in a manner that takes explicit account of the fact that, as things now stand, global political and economic life is divided along both North/South and rich/poor lines.

Equity in the Greenhouse, South-North dialogue is a global “multi-stage approach,” based on principles of: responsibility; capability; mitigation potential; right to development.

Brazilian Historic Responsibility is based primarily on historic responsibility for emissions: developed countries are each allocated emissions cuts based on the total contribution of their historic emissions (going back to 1800s) to the current global temperature increase.

Oxfam has proposed an approach, subsequently supported by various other NGOs, that uses a calculated responsibility and capability index to allocate an overall developed country target of 40%, and allows for a climate finance budget of $150bn to be allocated using the same method. Developing countries individual need for financing is assessed in line with available economic capability, taking into account intra-national inequality, and hence climate finance is provided on a sliding scale (below a minimum ‘available capability threshold’).

The EU has (e.g. EU Commission Proposal of 2009) suggested a method for distributing targets amongst Annex 1 countries that includes starting with an overall target for Annex 1 countries of 30% below 1990 levels by 2020 and allocating this target on the following basis: GDP per capita, addressing the capacity to pay for emission reduction within a country and through the global carbon market [capacity]; GHG per GDP, addressing the opportunities to reduce GHG emissions within one economy [capacity/mitigation potential]; Change of GHG emissions between 1990 and 2005, rewarding early action by developed countries to reduce emissions [reward early action/recognize latent mitigation potential]; Population trends over the period 1990 – 2005, recognizing different population trends between countries and as such different pressures on the projected emission evolution [equal rights to pollute]

There is a need to turn up the volume on the ethical dimensions of climate change for many reasons including the fact that ethically dubious positions of nations are being hidden in self-interested arguments made in opposition to climate change policies and there is no hope of meeting the 2 degree C  warming target without a serious national response based upon equity.

One need not seek agreement on what ethics requires to get traction on ethical issues because most opposition to action on climate change fails to survive minimum ethical scrutiny. The key is to spot the injustice of positions not on getting agreement on what justice requires.

The longer the world waits to develop a global approach to climate change, the more central the ethics questions become about the most contentious issues in consideration.

By:

Donald A. Brown

Scholar In Residence and Professor,

Widener University School of Law

Harrisburg, Pennsylvania

Visting Professor, Nagoya University,

Nagoya, Japan

Part-time Professor

Nanjing University of Information Science and Technology

Nanjing, China

dabrown 57@gmail.com

 

 

Ethical and Justice Issues At the Center of the Warsaw Climate Negotiations-Issue 1, Equity and National GHG Emissions Reductions Commitments in the Short-Term

equity and ambitionThis is the second in a series of papers which will examine the ethical and justice issues that are at the center of the Warsaw climate negotiations, often referred to as the 19th Conference of the Parties (COP-19). The first in the series can be found on Ethicsandclimate.org. This paper looks at the ethical issues entailed by the need for nations to dramatically increase their ghg emissions reductions commitments immediately, that is in the short-term, to levels that equity and justice would require of them.

Each year in international negotiations, pleas of vulnerable developing nations have become louder calling for developed nations to respond to climate change in ways that are consistent with their ethical obligations. For the most part, this had utterly failed to happen. Yet, up until a few years ago, nations could ignore their ethical responsibilities provided they made any commitments at all to reduce their ghg emissions. As a result, nations have failed to adopt climate change policies consistent with their equitable obligations despite the fact that all nations who are parties to the UNFCCC agreed, when they became parties, to reduce their emissions to levels required of them based upon “equity” to prevent dangerous anthropogenic interference with the climate system.

Although most nations have now made some commitments that have included ghg emissions reductions targets starting in the Copenhagen COP in 2009, almost all nations appear to be basing their national targets not on what equity would require of them but at levels determined by their economic and national interests. In fact, in many cases when governments have been asked why they have not made more ambitious commitments, they have cited national economic justifications or their unwillingness to make more stringent commitments until other nations do so, excuses which are also based upon national interest rather than national global obligations. And so, for the most part, nations have entered the international climate negotiations as if their commitments to an urgently needed climate change global solution can be based on national interest rather than global responsibilities.

However the longer nations have waited to respond adequately to climate change, the more difficult it has becomes to ignore what ethics and justice requires of them because climate science is telling the international community that it must immediately adopt a global approach to climate change which is much more ambitious than current national commitments will provide. And so despite the fact that some vulnerable nations have been screaming for climate justice for at least two decades, in the last few COPs equity and justice has moved to the center of the most contentious issues in dispute. Now there is no escaping the international community from reviewing   national commitments through a justice lens. The smaller the available budget becomes to avoid dangerous climate change, the more obvious the justice issues become.

Nations must both increase emissions reductions commitments immediately to give the world any hope of avoiding dangerous climate change while also agreeing to an international framework on future ghg emissions which will limit global ghg emissions in the medium- and long-term. And so, some aspects of the Warsaw agenda are focused both on increasing ghg emissions commitments in the short-term while at the same time working toward a new climate change treaty which will include a framework for national ghg emissions reductions after 2020. This paper looks at the equitable aspects of the need for more ambition in national ghg emissions commitments in the short-term while the next entry will look at ethics and justice issues entailed by the need for a new climate change treaty that was agreed to in prior COPs and that is scheduled to come into effect in 2020.

An adequate global climate change solution will need to limit total global ghg emissions to levels which will prevent atmospheric concentrations of ghgs from accumulating to dangerous levels and to do this any solution will also need to allocate total global emissions levels among all nations. Therefore each nation must agree to limit is emissions to its fair share of safe global emissions both in the short- and longer-term. There is now no way of escaping this urgent reality.

Up until now, nations could pretend that baby steps toward a global solution were acceptable progress. The urgency of finding a global climate change solution now makes it clear that such pretense is foolish self-deception.

Since the last COP in Qatar last year, there have been two prestigious scientific reports that have made it even more abundantly clear that much greater ambition from nations on their previous ghg emissions reduction commitments based upon equity are urgently needed. In 2013, IPCC in its recent Working Group I Report on the Physical Basis of Climate Change  and UNEP in its just released the Emissions Gap Report are advising the international community that the world is quickly running out of time to prevent dangerous climate change.

The UNEP report is particularly relevant to the short-term situation given that the international community has agreed to limit future warming to prevent catastrophic warming to  2° C or perhaps 1.5° C if later studies demonstrate that a 1.5° C warming limit is necessary to prevent catastrophic harms.

The UNEP report found that even if nations meet their current climate pledges, ghg emissions in 2020 are likely to be 8 to 12 gigatonnes of CO2 equivalent (GtCO2e) above the level that would provide a likely chance of remaining on the least-cost pathway.

To be on track to stay within the 2° C target and head off very dangerous climate change, the report says that emissions should be a maximum of 44 GtCO2e by 2020 to set the stage for further cuts needed keep warming from exceeding the 2° C target.

Since total global ghg emissions in 2010 already stood at 50.1 GtCO2e, and are increasing every year, reaching a 44 GtCO2e target by 2020 is extraordinarily daunting and much greater ambition is needed from the global community than can be seen in existing national ghg emissions reduction commitments.

UNEP pointed out in its report that the 44 GtCO2e target by 2020 is necessary to have any hope of achieving even greater cuts needed after 2020 when total emissions must be limited to sharply declining total emissions limitations. Moreover if the world continues under a business-as-usual scenario, which does not include pledges, 2020 emissions are predicted to reach 59 GtCO2e, which is 1 GtCO2e higher than was estimated in a UNEP report issued in 2012. Without doubt increasing the ambition of national ghg commitments is urgently needed to provide any reasonable hope of limiting warming to non-catastrophic levels.

The September, 2013, IPCC issued a report which contained a budget on total carbon emissions that the world needs to stay within to give a 66% chance of preventing more than the 2° C  warming that attracted world attention despite the fact that it has been widely criticized as being overly optimistic. This budget is an upper limit on total human CO2 equivalent emissions from the beginning of the industrial revolution until the day we stop burning carbon. The IPCC said that for warming to remain below last 2° C warming limit, the total amount of CO2 must be less than 1000 billion tons.

The IPCC report estimated that we’ve already used 531 billion tons of that budget as of 2011 by burning fossil fuels for energy as well as by clearing forests for farming and myriad other uses. That means would mean that there is 469 tons left in the emissions budget. This further means that the budget would be completely used up by current emissions by around 2044, just over 30 years from now.

Yet, the IPCC budget is likely significantly overly optimistic because ghg emissions other than CO2 are being emitted which the IPCC recent budget did not take into account. Factoring in the other ghgs brings the overall cumulative budget down from 1 trillion tons of carbon to 800 billion tons.

With that in mind, the remaining budget is even smaller, leaving just 269 billion tons of carbon left. This figure screams for a radical increase in short-term and long-term ghg emissions national ghg emissions commitments. For this reason, climate change is a civilization challenging problem of distributive justice.

The IPCC report also said that a possible release of ghg thawing permafrost and methane hydrates — which are “not accounted for in current models” — would shrink the remaining budget even further.

So why is equity and justice considerations so vital to increasing national ambitions? There are several reasons for this. First some countries much more than others are contributing to global atmospheric ghg concentrations on a per capita and total tons basis. Other countries more than others have contributed much more historically to existing elevated ghg atmospneric concentrations as they pursued higher levels of economic growth. And some countries more than others should be allowed to increase energy use to emerge from grinding poverty especially since they have done almost nothing to cause the existing crisis. And so, climate change is a civilization challenging problem of distributive justice and no matter what ethical considerations are taken into account to define an arguably distributively just allocation of ghg emissions targets among nations, many national commitments utterly and obviously flunk any ethical test. Yet the international press is not covering this aspect of this civilization challenging problem.

Ethics and justice demand that high-emitting nations and individuals reduce their emissions to their fair share of safe global emissions. Furthermore, it is already a settled principle in international law that polluters should pay for their pollution, that nations should reduce their emissions to prevent dangerous climate change on the basis of ‘equity,’ not national interest, and that nations should prevent their citizens from doing harm to people outside their national jurisdictional boundaries. These rules collectively mean that nations may not base their climate change national strategies on national interest because they they have duties, obligations, and responsibilities to others that they must take into account when setting national climate change policy. Yet hardly any nations are explaining their national ghg emissions reductions commitments on the basis of how they are congruent with their equitable obligations and the international media for the most part is ignoring this vital part of this civilization challenging drama unfolding in Warsaw.

 

equity and climate change

In addition, every national ghg emissions target is already implicitly a position on the nation’s appropriate fair share of safe global emissions because it is a global problem about which each nation must do its fair share. Any national ghg emissions reduction target is a statement about the nation’s commitment to solve a global problem which is putting hundreds of millions of existing people at risk and countless members of future generations.

nw book advFurthermore, practically the nations of the world are not likely to increase ghg emissions targets unless those nations who are already exceeding their global fair share agree to reduce their ghg emissions. And so national ghg emissions reductions based on ethics and justice are both required on the basis of morality and are urgently practically needed. The obvious place to look for increases in ambition in national commitments is from nations that are obviously above emissions reduction levels that equity would require of them.

As we shall see in the next paper on a longer-term framework for national emissions, there are several competing ethical frameworks for what constitutes any nations fair share of safe global emissions. However, that does not mean that any position on “equity”  passes minimum ethical scrutiny. And without any doubt, national ghg emissions targets based upon national economic interest alone flunks any ethical analysis because climate change requires nations to take into account how their ghg emissions are gravely harming the hundreds of millions of people around the world who are vulnerable to climate change in setting national climate change policies. That is under any conceivable ethical theory, nations must set ghg targets based upon their duties to not harm others, not self-interest alone. High-emitting nations are therefore obviously failing to set ghg emissions targets based upon their ethical obligations. In fact, as we have seen, nations often have admitted that their targets have been based upon self-interest not global duties.

Slide3For this reason, a key issue on the Warsaw agenda is the ethical dimensions of short-term ghg emissions targets and the need for high-emitting nations in particular to increase their commitments.

However, unfortunately at this moment, it is unlikely that countries will increase their emission reduction proposals in Warsaw. In fact, in some countries recent national policy changes call into question their capability to reach even their inadequate 2020 targets. Along this line, for instance, a recent backwards step of Australia was announced that it intends to abolish its newly established carbon pricing mechanism.

This series will report on what happened in Warsaw on short-term ghg targets and equity at the conclusion of the Warsaw conference

By:

Donald A. Brown

Scholar In Residence and Professor,

Windener University School of Law

Harrisburg, Pa.

Visting Professor, Nagoya University

Nagoya, Japan

Part-Time Professor

Nanjing University of Science Information and Technology

Nanjing, China

dabrown57@gmail.com

Ethical and Justice Issues In Contention At the Warsaw Climate Negotiations-The First In A Series Of Reports.

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Negotiations on the international climate regime have begun in Warsaw at a time when the scientific community, including the IPCC in its recent report on the Physical Basis for Climate Change Science and UNEP in its just released Emissions Gap Report, are advising the international community that the world is running out of time to prevent dangerous climate change.

The Warsaw agenda includes numerous topics that raise profound ethical and justice issues which not only must be faced to achieve a global climate change solution but which are also increasingly at the center of the most contentious issues in the international climate negotiations. Despite this fact, the international media, at least in most developed countries, is utterly failing to report on the ethical and justice dimensions of issues that are so central to achieving a favorable outcome in Warsaw. The failure of the media to continue to report on these issues almost guarantees that nations will continue to ignore their ethical obligations, a prospect which surely dooms the development of an adequate global climate regime.

This is the first entry in a multi-part series which will first examine the ethical dimensions of major issues under consideration in Warsaw and then, at the conclusion of COP-19, report on what was accomplished in Warsaw on these ethical issues.

Among Warsaw issues examined in this series through an ethical lens will be:

1. The extent to which nations make ghg emissions reductions commitments based upon “equity” rather than national interest alone.

2. The willingness of nations to agree to a new treaty that is to be completed in 2015 and that comes into effect in 2020 that includes a format for emissions reductions that takes equity and justice seriously.

3. The willingness of high-emitting nations to finance adaptation and climate change reduction strategies in vulnerable, developing counties.

4. The willingness of those nations most responsible for human-induced warming to agree to finance the value of losses and damages from climate change that can’t be avoided.

5. The extent to which some nations more than others are barriers to an urgently needed global climate change treaty.

6. The willingness of nations to accept a new climate change treaty that is sufficiently legally binding that it provides adequate sanctions for those who do not comply with their promises.

The next entry in the series will look at the ethical issues entailed by the need for national emissions reductions commitments to be based on “equity” and “justice”.

 

 By:

Donald A. Brown

Scholar in Residence and Professor, Sustainability Ethics and Law

Widener University School of Law

Visiting Professor, Nagoya University, Nagoya, Japan

Part-time Professor, Nanjing University for Information Science and Technology,  Nanjing,  China

dabrown57@gmail.com

 

A New Web Site Enables Climate Policy Makers To Fulfill Their Ethical Responsibility to Understand The Significance of Policy Choices

aubreyAs we have explained from many angles on this website, climate change is a civilization challenging ethical problem. We have also explained why nations urgently need to immediately respond to their ethical obligations in making national emissions commitments under the UNFCCC.  In addition, ethics requires those engaged in dangerous behavior to understand the effects of their policy choices and respond to their ethical obligations. Yet complex interactions of ghg emissions levels, atmospheric ghg concentrations, the climate system’s response to atmospheric ghg concentrations, and how policy options must consider the magnitude of the global threat as it changes in time make it difficult for policy makers and NGOs to visualize and understand the significance of climate policy choices. And so ethics requires policy makers to understand these complex interactions, yet the sheer complexity of these interactions makes clear understanding of the significance of policy options very challenging.

We have also explained on this website how the debate on climate change in the United States and several other high-emitting nations is largely ignoring national ethical responsibilities. If nations are to take their ethical obligations seriously, they need to understand the extreme urgency of increasing their ghg emissions reduction targets to comply with their ethical obligations. Yet to understand their ethical obligations policy-makers must understand  the significance of policy choices. And so ethics requires climate change policy-makers to understand many complex scientific issues.

Ethics would also hold nations morally responsible for the failure to do this. Delay makes the climate change problem worse. Yet understanding how delay makes achieving the goals of preventing dangerous climate change extraordinarily more challenging also requires some knowledge about how increasing atmospheric concentrations affect global emissions reductions pathways options.   In addition, because each national emission reduction target commitment must be understood as an implicit position of the nation  on safe ghg atmospheric concentration levels, setting national ghg emissions goals must be set with full knowledge of how any national target will affect the global problem.

However, a clear understanding of how national emissions reductions commitments affect global climate change impacts requires an understanding of complex relationships between atmospheric ghg concentrations, likely global temperature changes in response to ghg atmospheric concentrations, rates of ghg emissions reductions over time and all of this requires making assumptions about how much CO2 from emissions will remain in the atmosphere, how sensitive the global climate change is to atmospheric ghg concentrations, and when the international community begins to get on a serious emissions reduction pathway guided by equity considerations. The problem in understanding these variables  is a challenge  that no static graph can capture.

A new website should be of great value to policy-makers to view  and understand the relationship between their national emissions reduction strategies and the global climate change problem, issues that must be considered in setting national ghg targets as a matter of ethics.  This tool is the Carbon Budget Accounting Tool (CBAT) which is available at http://www.gci.org.uk/cbat-domains/Domains.swf

Some features of CBAT are still under development, yet the site is already practically useful to policy-makers.

The CBAT has been developed by the Global Commons Institute founded in the United Kingdom in 1990 by Aubrey Meyer as an organization to find to a fair way to tackle climate change.

ContractionAndConvergence

 

The CBAT tool allows visualization of  any  national response for reducing national ghg emissions commitments based upon the idea of contraction and convergence, one of several equity frameworks under discussion in international climate negotiations,  but is also of value for visualizing the policy significance of other equity frameworks that are under discussion internationally.

CBAT allows those interested in developing a global solution to visualize the otherwise complex interactions of international carbon budgets, atmospheric greenhouse gas concentrations, ghg emissions reductions commitments, the effect of a nation taking its ethical obligations seriously, resulting temperature, ocean acidification, and seal level rise,

The CBAT model should be very useful for all who hope to understand future climate change policy options and the scale of the global challenge facing the world. This writer has been engaged in climate change policy options since the 1992 Earth Summit at which the United Nations Framework Convention was opened for signature and have attended most of the Conference of Parties under the UNFCCC since then. Yet even though I have significant experience and knowledge about future climate change policy challenges, the CBAT model helps me visualize the significance of certain policy options facing the world.

Because ethics requires policy-makers to understand the policy implications of their policies, understanding the complex interactions of the variables displayed on the CBAT is indispensable for national climate change policy-makers as a matter of ethics.

By:

new book description for website-1_01

Donald A. Brown

Scholar In Residence and Professor

Widener University School of Law

Visiting Professor, Nagoya University School of Law

Nagoya Japan

dabrown57@gmail.com

New York Times Article Misleads On The Moral Acceptability of Climate Change Policies.

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money burrning

Many observers of the state of global response to climate change have concluded that there is no hope in preventing devastating climate change harms unless nations and individuals understand that they have ethical and moral responsibilities that are not captured by framing climate change as a matter of economic interest or welfare maximization alone not to mention that framing climate change policies as matters of economic interest distorts and ignores ethical responsibilities. For this reason, there is a growing consensus among serious observers of national commitments on climate change, that the only hope to increase national ghg emissions emissions reductions targets to levels that will avoid dangerous climate change impacts is to find ways to assure that national ghg targets are based upon “equity” and justice.

 

A New York Times article on September 11, 2013 makes a greatly misleading claim about the moral basis for action on climate change.  The article, Counting the Cost of Fixing the Future, by Edwardo Porter,  erroneously claims that a moralist would respond to climate change by demanding that the price on carbon be significantly higher than what the business world would recommend the price should be ($65.00/ ton versus  $13.50 /ton).  Although the article doesn’t say explicitly that that if the social cost of carbon is high enough there are no moral objections to using welfare maximization considerations as the basis for determining the acceptability of climate change policies, this is implied by the article because the use of the social  cost of capital  calculations  by policy-makers is almost always used in cost-benefit analyses. The problem with this claim is that there is an unexamined premise in this article that is deeply ethically flawed. The article assumes that whether a government should act to prevent climate change depends upon whether a proposed government climate change policy will increase welfare after the social cost of carbon is calculated and compared to the costs entailed by reducing greenhouse gas (ghg) emissions.  There are strong strong moral and ethical reasons against using the social cost of carbon in this way.

new book description for website-1_01Whether a nation or individual should act to prevent climate change is a matter of justice, not simply a matter of economic efficiency or welfare maximization. Although some utilitarians might agree that government policy should maximize welfare or utility, there are  strong ethical objections to a nation basing its climate policy on the basis of welfare maximization alone.  Moral problems with the use of the social cost of carbon calculations in cost-benefit determinations used to determine whether a government should act to reduce the threat of climate change include the following:

  • Some governments and individuals more than others are more responsible for climate change because they have much higher emissions of ghg in total tons, per capita levels, and historical contributions to elevated atmospheric concentrations.  Justice requires that these considerations be taken into account in determining emissions reductions targets. 
  • Some of the poorest people in the world who have done almost nothing to cause climate change are the most vulnerable to climate change. These people will suffer the most if  governments and individuals refuse to reduce their emissions based upon “efficiency” or “welfare maximization” considerations. These people have not consented to be harmed because costs to polluters of reducing their emissions are high. “Efficiency” and “welfare maximization” justifications unjustly sacrifice vulnerable people to the economic prosperity of the entire community.
  • The harms to vulnerable people from climate change are not mere reductions in economic welfare, they include catastrophic loses to life and damages to ecological systems on which life depends.
  • Damage estimates on which the social cost of carbon are based are not evenly distributed. Some places more than others face catastrophic risk. People in these places have not consented to be harmed. Theories of procedural and distributive justice prevent these people from being harmed without their consent.
  • Climate change will interfere with the enjoyment of human rights. Those who violate the human rights of others may not use “efficiency” or “welfare maximization” justifications for violating the human rights of others.
  • Nations and individuals have ethical and moral duties to reduce the threat of climate change, not simply economic interests.

These are only a few of the ethical and moral problems with the use of social cost of carbon calculations in cost-benefit analysis as justification for non-action on climate change.  For additional ethical problems with economic arguments made about the acceptability of climate change policies see articles on this website under the category Economics and Climate Change Ethics in the Index. 

The New York Times article makes a claim about what moralists would do which is very misleading because it implies that as long as the calculation of the social cost of carbon is high enough, there are no moral objections with  the use of  welfare maximization calculations as the basis of climate change policy.

The New York Times article should have acknowledged that there are ethical objections to a nation basing its climate policies on cost-benefit analyses.  One of the reasons why there has been a widespread  failure of citizens to understand their ethical responsibilities to reduce the threat of climate change is because free-market fundamentalist ideologies have successfully framed the climate change debate as a matter of economic interest rather then global responsibility. The New York Times article implicitly continues to encourage people to look at climate change policies as a matter of economic self-interest rather than ethical obligation. This both distorts and hides obvious ethical problems with national and individual responses to climate change.

 

By: 

Donald A. Brown

Scholar In Residence

Widener University School of Law

dabrown57@gmail.com

 

 

 

IPCC’s New Report: Does It Make any Ethical Difference that Confidence Levels About Human Causation Have Increased?

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The New York Times reported on August 19 that the Intergovernmental Panel on Climate Change (IPCC) will soon issue its 5th assessment report that will  state that the scientific consensus that humans are causing climate change has increased from a 90% probability in 2007 to a 95% probability in the new report.  This new report, according to the New York Times, will assert that expected warming in this century will lead to wide-spread melting of land ice, extreme heat waves, difficulty growing food and massive changes in plant and animal life, probably including a wave of extinctions.  Yet such predictions about climate change’s impacts have been made for well over thirty years.

One might ask whether the change in confidence levels from 90% to 95% makes a difference as a matter of ethics.  We believe it does not because those causing climate change have had clear ethical duties to reduce the threat of climate change once they were put on notice that their actions were likely putting others at great risk. This is information that was widely available three decades ago. Ethical duties to not create harm begin once someone is put on notice that their behavior is likely to cause great harm particularly in regard to actions about which:

  • Waiting to take action will make the problem worse;
  • Delays will make it much harder to prevent catastrophic impacts;
  • Those who are most at risk have not consented to be placed at further risk;
  • The harms from the dangerous behavior are not mere inconveniences but potentially catastrophic destruction of life and ecological system on which life depends;
  •  Much of the science on which the projections of catastrophic harms is based is not controversial and has been well established for many decades;
  •  The vast majority of the scientists that do peer-reviewed science on climate change support the conclusion that humans are likely changing the Earth’s climate in ways that will create great harms for the most vulnerable people on the planet.

new book description for website-1_01Under these circumstances, one does not need complete certainty before ethical obligations to do no harm are triggered. Once someone is put on notice that his or her behavior is greatly dangerous, they have a duty to stop the dangerous behavior. This duty is particularly strong when the harms are potentially great as they are in the case of climate change. This ethical duty to cease dangerous behavior is widely recognized in criminal codes around  the world that make many kinds of dangerous behavior criminal. In the United States, for instance, reckless driving and reckless endangerment are criminal violations. (For more on ethics and uncertainty see, On Confusing Two Roles of Science and Their Relation to Ethics.)

Some economists will argue that a change from 90% to 95% confidence levels is ethically relevant when calculating expected utility from climate change policies when cost-benefit analyses of policies are applied to climate change policies. Yet, as we have explained in many articles on this subject, cost-benefit analysis is a deeply ethically problematic policy tool for climate change. Its use seeks to find polices which maximizes utility while ignoring questions of distributive justice, ethical obligations based upon duties to prevent harm, human rights violations, procedural justice considerations that would give victims of harms rights to participate in decisions that impose risks,  and many other ethical issues. (See, Ethical Issues Entailed By Economic Arguments Against Climate Change Policies.)

We do not deny that higher levels of confidence that activities are harming others strengthen the ethical duty to take action, however the duty to reduce ghg emissions has existed since the scientific community has been describing the threats of climate change three decades ago.

Insistence on absolute certainty before governments intervene in markets on climate change has been a tactic of the climate change disinformation campaign on climate change for several decades. As a matter of ethics high-emitting nations and individuals have had clear ethical duties to reduce ghg emissions to their fair share of safe global emissions for over thirty years.

 

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Professor

Widener University School of Law

Visting Professor, Nagoya University, Nogoya, Japan

dabrown57@gmail.com

 

 

“What Is Wrong Climate Politics And How to Fix It” A Review of a New Book By Paul Harris

 

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Given the strength of the scientific evidence that the world is rapidly heading to a climate catastrophe, it is vitally important to ask what has gone so terribly wrong with the world’s political response to climate change.  Understanding the cause of the utterly irresponsible and tragic political inaction on climate change provides some hope for changing course.

A a new well-written book by Paul Harris, What is Wrong with Climate Politics and How to Fix It, examines the failure of the global community to reduce the civilization challenging threat of human-induced warming. This book is an excellent, easily understood review of the sorry status of international cooperation to find a global solution to climate change. The book is valuable for its contribution to the growing literature on climate change policy particularly in regard to its clear description of the sorry history of international climate negotiations.

The main thesis of the book is that the  international focus in these negotiations on the obligations of nation states, rather than on individual responsibility, is a major cause of  what has gone wrong.

The book makes a compelling case that the almost exclusive national focus of climate change negotiations is problematic for two reasons.

First, nations have historically always engaged in international problems from the standpoint of national interest rather than global obligations.

Second, from the initiation of the climate negotiations, the international community has assumed that national responsibility will be apportioned largely according to two broad categories, namely developed and developing countries.  This categorization is problematic because this classification into these two categories arguably made some limited sense when the United Nations Framework Convention on Climate Change was opened for ratification in 1992, but it doesn’t now given that some of the countries that were initially classified as developing countries, including India and China, are quickly emerging as the among the largest emitters of greenhouse gases (ghg).

In addition, in almost all developing countries there is a growing middle and affluent class of high consumers. If developing nations understand that they have no responsibility to curb high consumption of their affluent citizens in regard to ghg, there is absolutely no hope for reducing global emissions  to levels necessary to prevent catastrophic warming.

In addition, if high emitting consumers in developing nations assume that the duty to reduce ghg emissions is solely a national obligation, not a personal one, they will more likely continue to emit ghgs at high levels without being haunted by ethical or moral failure.

And so, Harris compellingly explains why a reliance on national responsibility alone in the global search for an adequate response to climate change will likely guarantee continuing international failure to reduce the enormous threat of climate change.

The book also reviews in some detail the mostly dysfunctional role that the United States and China have played in international negotiations for over two decades while at the same time describing the centrality of these two countries in maintaining hope for a global climate change solution.

Harris also provides strategies for changing the world’s response to climate change so that citizens around the world understand that they have individual responsibility.

The first recommendation is to expand the use of a “human-rights” approach to policies on climate change. Implicit in this strategy is the idea that if individuals understand that they are responsible for human rights violations, they may take their obligations to reduce their gig emissions more seriously.

There is little doubt that climate change is already preventing many people around the world from enjoying a host of human rights, a phenomenon that is sure to grow in the years ahead.  Furthermore there are several practical reasons why an increased emphasis on human rights has considerable potential utility for improving the international response to  climate change.

One is that a greater understanding of climate change as  a human rights problem should lead to more widespread rejection of many justifications for non-action on climate change. For instance, some of the excuses often used to justify non-action on climate change by nations and others, such as it is not in their economic interest to adopt climate policies, are widely understood to be irrelevant to affecting human rights obligations.

However, although turning up the volume on the human rights significance of climate change is something that should undoutably be encouraged, it is not clear why an increased focus on human rights is likely to achieve a greater acceptance of individual responsibility. In fact, human-rights obligations are currently understood to be the responsibility of nations, not individuals, under existing international law. Thus non-state actors, including businesses,  currently have no or very limited obligations under human rights regimes.

And so, although it is unquestionably true that a greater emphasis on human rights in climate change policy disputes has practical value, it is not clear how this will lead to the shift to a focus on individual responsibility appropriately called for by Harris.

Harris’s second strategy to achieve the needed shift to individual responsibility is a public movement to get individuals to understand that current unsustainable consumption patterns are disastrous.  According to Harris, it is the unquestioned assumed benefits of the economic growth model that dominates the world that is a major cause of  irresponsible consumption generating more and more ghg emissions.

On this issue, Harris is undoubtably correct that an economic growth model that is oblivious to the environmental destruction that it is causing is dominating international relations. What is not clear, however, is why a call for change in the growth model by itself will likely undermine the dominant discourse. A deeper understanding of the sociological forces that enable  the current dominant capitalist development model to dominate international affairs is likely necessary to develop an effective  strategy to dislodge this discourse.

In addition some explanation is necessary for why some developed nations (most of whom are in Northern Europe) have taken climate change more seriously than others if the problem is the international dominance of the economic growth model.

In this regard, Harris’s analysis leaves something of great importance off the table. Harris almost completely ignores the role that economically interested corporations and free-market fundamentalists foundations have had in undermining climate change policies in the United States for over two decades.

As we have written about many times, there has been a huge, well-organized, well-funded climate change disinformation campaign that is largely responsiblse for the failure of the United States to take climate change seriously. See, for instance: The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part Two: Is The Disinformation Campaign a Human Rights Violation Or A Special Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing ? and The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort?

This campaign, through the use of sophisticated public-relations honed tactics, has successfully prevented political action on climate change in the United States for over two decades. It also has had some effect on the the United Kingdom and Australia but much less so in some  other developed countries.

Therefore, the two strategies recommended by Harris to shift  global understanding about who has duties to reduce ghg toward individual responsibility will likely not be successful without a direct, dramatic, and vigorous confrontation with the climate change disinformation campaign. In fact, as we have argued before in considerable detail, this climate change disinformation campaign should be understood as  some new kind of crime against humanity.

The other failure not discussed by  Harris worthy of considerable attention is the failure of the media in many parts of the world to report on several aspects of climate change that need to be understood to fully understand personal and national responsibility. They include, the nature of the scientific consensus position, the civilization challenge entailed by the quantity of emissions reduction necessary to stabilize ghg in the atmosphere at levels that will avoid dangerous climate change, the fact that one can not think about national or individual responsibility clearly without considering equity and justice  questions, and the utter ethical bankruptcy of the scientific and economic justifications for non-action on climate change that have been the dominant excuses for non-action on climate change for 35 years.  At least in the United States, the media has dramatically failed to help citizens understand these crucial features of climate change.

new book description for website-1_01There is no doubt that Harris’s call for a shift to individual responsibility and away from national obligations alone is worthy of serious and expanded  reflection.  Therefore the book is recommended for anyone engaged seriously in climate change policy issues. However, to think strategically about how to generate a greater awareness of individual ethical responsibility, Harris’s book  should be supplemented by additional strategic considerations.  We have attempted to explain some of these considerations  in the recent book: Climate Change Ethics: Navigating the Perfect Moral Storm.  

 

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law.

Widener University School of Law

 

An Ethical Analysis of Obama’s Climate Speech, the Adverse Political Reaction to It, and the Media Response.

 

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mcconnell_thumb Joe Manchin

 

On June 25th, President Obama gave a major speech on climate change in which he announced what his administration would do to reduce greenhouse gas (ghg) emissions in the United States. Although the US Congress has continued to fail to act on climate change since climate negotiations began in 1990, President Obama identified administrative actions that he would take that did not depend upon US congressional action. As we shall see, the speech was significant for some of the ethical issues touched upon in the speech.

As expected some US politicians vigorously attacked the speech on the basis that the announced actions would destroy jobs and the US coal industry. We now look at this speech, the political response to it, and the US media reaction through an ethical lens.

In light of the US’s strong moral duty to take action to reduce the threat of climate change that has been virtually ignored by most previous US leaders. many parts of this important speech are worthy of praise.

President Obama promised to use this authority under the federal Clean Air Act to reduce greenhouse gases from electric power plants. He also dismissed climate change skeptics as Flat Earthers and urged US citizens at all levels to take steps to reduce climate change causing emissions and push back against those who would work to undermine US policy to reduce the threat of climate change. He further announced  plans to double wind and solar power while increasing the use of renewable energy in federal facilities to 20 % in 7 years.  He also identified a number of policy responses to reduce energy demand with the goal of significantly reducing the waste of energy.

In response to climate skeptics he said:

So the question is not whether we need to act. The overwhelming judgment of science — of chemistry and physics and millions of measurements — has put all that to rest. Ninety-seven percent of scientists, including, by the way, some who originally disputed the data, have now put that to rest. They’ve acknowledged the planet is warming and human activity is contributing to it.

He also acknowledged some US responsibility to help developing nations transition to clean energy and announced a number of policy initiatives in support of this goal.

In regard to the the ethical responsibility of the United States to reduce the threat of climate change, President Obama said:

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

This statement is very significant for its ethical implications.  In fact, this is the strongest statement of any US President in regard to acknowledging that US policy on climate change can not solely be based upon US interests alone. That is, it is notable for its recognition of US responsibility to act on climate change. Thus, in addition to US interests in climate change policies, President Obama acknowledged that the United States has obligations, responsibilities, and duties to act. This fact has profound significance for US climate change policy.  It means, that the US must consider its obligations to others not to harm them through our ghg emissions. Yet, as we have seen over and over again, US climate change policies are usually debated in the United States as if only US interests count.

This speech also acknowledged that it is probably too late to avoid the need of nations to adapt to climate change’s adverse impacts.This is so because even if aggressive action it taken on climate change around the world, some adverse climate change impacts are inevitable. Notable in this regard was the speech’s acknowledgement that:

We’re going to need to give special care to people and communities that are unsettled by this transition — not just here in the United States but around the world.

And so, President Obama seems thus to acknowledge US obligations to help developing nations to adapt to climate change.

Another part of the speech with ethical significance is remarks about a new climate change treaty that was agreed to in Durban, South Africa that is to be completed in 2015 and come into effect in 2020. In this regard, President Obama said:

Two years ago, we decided to forge a new agreement beyond 2020 that would apply to all countries, not just developed countries. What we need is an agreement that’s ambitious — because that’s what the scale of the challenge demands. We need an inclusive agreement -– because every country has to play its part. And we need an agreement that’s flexible — because different nations have different needs.

This statement is of considerable ethical significance because it acknowledges that different nations have different responsibilities and needs in regard to climate change policies. This idea was agreed to by the United States but has largely been ignored. In ratifying the United Nations Framework Convention on Climate Change in 1992 under then president George H. W. Bush, the United States promised to reduce its ghg emissions based upon “equity” and “common but differentiated responsibilities” to prevent dangerous climate change. This  idea, which entails looking at the US response to climate change through the lens of distributive justice, has been almost completely ignored by the US Congress and former US presidents. It is also an idea that entails that the United States must reduce its emissions more aggressively than developing nations that have done significantly less to cause increasing atmospheric ghg concentrations.

This statement also implicitly acknowledges that all nations. including the United States, have an ethical duty to increase the ambitiousness of its ghg emissions reductions commitments in climate negotiations that are under discussion until 2015.

President Obama also acknowledged our ethical responsibility to future generations to reduce the threat of climate change when he said:

Our founders believed that those of us in positions of power are elected not just to serve as custodians of the present, but as caretakers of the future.  And they charged us to make decisions with an eye on a longer horizon than the arc of our own political careers. That’s what the American people expect. That’s what they deserve.

And so as a matter of ethics, President Obama acknowledged that the US has a special responsibility to act on climate change in response to our ethical obligations, not our national interests alone , in proportion to our responsibility as a matter of distributive  justice and our obligations to future generations  while at the same time assisting vulnerable developing nations to adapt to the inevitable adverse climate impacts that now can not be avoided.

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President Obama also ended his speech with a call to recognize the sacred importance of protecting Earth by recalling the astonishment of the astronauts when they saw the Earth from outer space as they came around the moon for the first time.

For while we may not live to see the full realization of our ambition, we will have the satisfaction of knowing that the world we leave to our children will be better off for what we did.

“It makes you realize,” that astronaut said all those years ago, “just what you have back there on Earth.” And that image in the photograph, that bright blue ball rising over the moon’s surface, containing everything we hold dear — the laughter of children, a quiet sunset, all the hopes and dreams of posterity — that’s what’s at stake. That’s what we’re fighting for. And if we remember that, I’m absolutely sure we’ll succeed.

 And so as, a matter of ethics, Obama’s speech was laudable and historically significant in many respects. That is not to say, however, that the Obama speech cannot be criticized for some omissions in regard to the US’s ethical obligations for climate change. These omissions included: (a)  the lack of recognition that dependence on natural gas as a bridge fuel for reducing the US carbon footprint raises several ethical questions, a matter reviewed here in detail, (b) acknowledgment of the US special responsibility for climate change for its unwillingness to take action on climate change for over 20 years since it ratified the United Nations Framework Convention on Climate Change in 1992, see, The World Waits In Vain For US Ethical Climate Change Leadership As the World Warms, and, (c) failing to communicate the extreme urgency of quickly and significantly reducing ghg emissions in the next few years to give the world any hope of avoiding dangerous climate change, see, On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity.  In this regard, Obama’s speech utterly failed to acknowledge the magnitude of the ghg emissions reductions that are  ethically required of the United States in the next decade.

And so, all in all, the Obama speech can be praised for its express recognition of many of the ethical ethical obligations entailed by climate change despite some quibbles about a few ethical issues not covered well.

As was expected, the political opposition in the US to the speech was rapid and intense. For instance Senate Minority Leader Mitch McConnell, R-Ky., said that Obama’s plan on climate change was was a “war on coal” and on jobs.

Senator Joe Manchin, D-WV, went further saying that the Obama climate plan was not just a “war on jobs” and a “war on West Virginia,” but also, a “war on America.”

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Senator James Inhofe, R-Ok, who has consistently claimed that the  mainstream scientific view on climate is a “hoax,” said the Obama plan will cost the US economy $400 billion a year while ranting about other aspects of the Obama climate plan.

The most frequent justifications for the strong opposition to the Obama climate plan have been the claimed severe economic harms to the US economy, lack of scientific certainty on adverse climate impacts, and the inability of the United States acting alone to prevent climate change.

As we have explained in considerable detail before, these excuses utterly fail to withstand minimum ethical scrutiny.

Economic harm arguments made in opposition to Obama’s climate plan, for instance, even if true, both fail to recognize the ethical obligations that the United States has to not harm others through our ghg emissions and to acknowledge the costs of not acting. US climate policy cannot be based upon US interests alone. The United States has obligations to others. In addition, economic arguments for not acting on climate change ignore obligations that nations have if they are creating human rights violations and duties entailed  by distributive justice. These are only a few of the ethical problems with economic arguments made in opposition to US climate change policies.  For a detailed ethical analyses of economic arguments made  in opposition to US climate change policies, see Ethicsandclimate.org index under Economics and Climate Ethics. 

Scientific certainty arguments made in opposition to climate change fail as a matter of ethics for a  host of reasons including the fact that almost all of the most prestigious scientific organizations in the world and the vast majority of scientists that do peer-reviewed science support the consensus view that has concluded that climate change is  a growing civilization challenging threat to people and ecological systems on which life depends around the world, uncertainty in these situations raises ethical questions about burdens and quantity of proof, those most vulnerable to climate change have not consented to be put at risk from climate change, and the longer the world waits to reduce the threat of  climate change the worse the  problem becomes. For detailed ethical analysis of scientific uncertainty arguments made in opposition to climate change, see Ethicsandclimate.org index under Scientific Uncertainty and Climate Ethics.

Arguments in opposition to action on climate change based upon the claim that the  United States  acting alone will not significantly reduce the threat of climate change fails any ethical test because all nations  have a duty to act to reduce their emissions to their fair share without regard to what other nations do. For detailed ethical analysis of this issue, see, Ethical Issues Raised By US Blue Dog Democratic Senators’ Opposition to Climate Legislation – When May a Nation Make Domestic GHG Reduction Commitments Contingent on Other Nations’ Actions

And so, the arguments made in opposition to the Obama speech fail to withstand  ethical scrutiny.

The US media response to the Obama speech and the political response thereto has once again completely ignored the ethical problems with the strong political opposition to the speech. As we have noted over and over again in regard to the US media coverage of the US response to climate change, the US press is utterly failing to cover ethical issues entailed by opposition to climate change policies in the United States. This is particularly true of economic and scientific uncertainty arguments made in opposition to proposed US climate change policies. Nor is the US press covering ethical issues entailed by the urgency and  magnitude of the need to reduce ghg emissions  given that the world is likely  running out of time to prevent warming of 2 degrees C, a warming amount which is widely believed could create rapid, non-linear climate change. For a discussion of this issue, see: On the Extraordinary Urgency of Nations Responding To What Equity Requires of Them In Their Responses to Climate Change.

One might ask why the US media is failing to cover the obvious ethical questions raised by climate change issues given that the ethical issues have profound consequences for climate change policy and climate change raises obvious civilization challenging ethical issues. We  might ask why the US press is failing to cover the ethical and justice issues entailed by climate change given that vulnerable countries around the world have been screaming for developed nations including the United States to respond in accordance with their ethical obligations. Is the US  press so connected to the economic interests of the United States, that it is blind to the US ethical obligations for climate change? If the US press has not been corrupted by the economic interests of the United States, the only plausible explanation for the US media’s failure to cover the  ethical issues raised by climate change is that the reporter’s covering climate  change don’t understand the civilization challenging ethical issues raised by climate change. If this is the explanation, there is a huge practical need to demand that the US press turn up the volume on the ethical dimensions of climate change.

By:

Donald  A. Brown

Scholar In Residence,

Widener University School of Law.

dabrown57@gmail.com