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

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

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

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

By

Donald A Brown

Scholar In Residence and Professor

Widener Commonwealth University Law School

dabrown57@gmail.com

Do US GHG Emissions Commitments Pass Ethical Scrutiny?

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A. The US GHG Emissions  Reduction Targets

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Why the US Commitments Are Inadequate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Summary 

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

References

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New Very Helpful Website on Climate Equity

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The World Resources Institute (WRI) has created a new very helpful website that allows visual comparisons of up to four nations at a time up and up to eight of 24  variables at a time relevant to determining what equity requires of nations in formulating their climate policies. The website is called Equity Tracker and is available at:  http://cait2.wri.org/equity/ 

The above picture from the website demonstrates how one could visualize differences between nations on factors relevant to what equity requires of them and thereby understand why some nations must make much  deeper cuts than others as a matter of equity and justice.  This information could be very valuable in deepening citizen and government reflection on ethical, justice, and equity problems with national responses to climate change. As a matter of equity, for instance, the website help one quickly visualize why the United States must make deeper percentage cuts in its ghg emissions than India and the Democratic Republic of the Congo, not to mention China, for instance.

One minor criticism of the site is, however, in order. Although the website is very helpful to both help visualize and understand facts relevant to determinations of what equitable principles should guide national climate policy formation, particularly in regard to ghg emissions reduction targets, lamentably the site could be interpreted to leave the mistaken impression that equity could mean anything.  In fact the site says that the meaning of equity “depends upon the lens through which one views it.” The site could be improved if it included a reference to the IPCC discussion in Chapters 3 and 4 of Working Group III’s recent report which, among other things,  identifies  ethical limitations of economic arguments about climate policies and only a  limited number of considerations that should be considered in determining what equity means. For a summary of the IPCC conclusions on these issue see IPCC, Ethics, and Climate Change: Will IPCC’s Latest Report Transform How National Climate Change Policies Are Justified?. and Improving IPCC Working Group III’s Analysis on Climate Ethics and Equity, Second In A Series on this website.

The other idea one must understand to effectively criticize national ghg commitments is the policy implications of a carbon budget that must be maintained to limit warming to 2 degrees C.  If a citizen understands the equity considerations and the extraordinary urgency of lowering global emissions to limit warming to 2 degrees C,  then citizens can then effectively criticize their nation’s ghg emissions target. The following is one depiction of a carbon budget prepared by the Global Commons Institute with three different reductions pathways that make different assumptions about when global ghg emissions peak.

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By:

Donald A. Brown

Scholar in Residence and Professor

Widener University School of Law

dabrown57@gmail.com

May Any Nation Such as the United States or China Make Its Willingness to Reduce Its GHG Emissions Contingent On What Other Nations Do?

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I. Introduction

In the United States and in several developed countries including Australia and Canada, for instance, opponents of national commitments to reduce greenhouse gas (ghg) emissions frequently have made several arguments in opposition to proposed climate change policies.  Most of these arguments have been of two types.

First, opponents of national climate policies have argued that there is insufficient scientific certainty about human causation of adverse climate impacts to warrant action because of the costs of reducing greenhouse gas (ghg) emissions might entail unnecessary expenditures if the mainstream scientific view on climate impacts turns out to be false.

Second proposed climate change policies are too costly. These cost arguments have taken several forms. They have included claims that the proposed ghg emissions reduction policies: (a) will unacceptably reduce national GDP, (b) will destroy jobs, (c) will destroy specific industries, (d) are not justified by cost-benefit analyses or other welfare maximization measurements, or (e) are just too costly.

Another very common argument made in opposition to national ghg emissions reductions policies that implicitly rests on claims of excessive costs is the frequent claim that it is unfair to the United States, or some other country, to be required to reduce its emissions as long as another country, e.g. China or India, is not willing to reduce its ghg emissions in similar ways.

This paper will examine whether a nation may make its willingness to reduce its ghg emissions contingent on what other nations do through an ethical lens after very briefly examining ethical problems with other cost justifications for a nation’s unwillingness to reduce it ghg emissions.

II. Ethical Problems with Cost Justifications for a Nation’s Unwillingness to Reduce its GHG Emissions.

As a matter of ethics all nations have clear duties reduce their ghg emissions to their fair share of global emissions because nations have ethical duties to not harm other people and nations. These ethical duties can be derived both from various ethical theories and international law. For instance, as an example from climate law, under the United Nations Framework Convention on Climate Change, nations agreed that nations have the:

 “responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.” (UNFCCC, Preamble)

 In regard to the ethical basis for concluding that nations have duties to not harm others a recent conclusion of the Intergovernmental Panel on Climate Change (IPCC) is relevant

Common sense ethics (and legal practice) hold persons responsible for harms or risks they knowingly impose or could have reasonably foreseen, and in certain cases, regardless of whether they could have been foreseen. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 49)

Cost arguments are almost always arguments about self-interest that usually ignore duties and responsibilities to others.

Whether a nation or individual should act to prevent climate change is a matter of justice, not simply a matter of economic efficiency, national welfare maximization, or economic self-interest alone. This is so because 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 ghg concentrations. Yet each nation must reduce its ghg emissions to its fair share of safe global emissions because it has a duty to not harm others and 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” or national costs considerations alone. In addition, those most vulnerable to climate change have not consented to be harmed because costs to polluters of reducing their emissions are high.

In regard to these ethical limits of costs arguments, the Intergovernmental Panel on Climate Change (IPCC), Working Group III report recently confirmed these conclusions when it stated:

  • “Efficiency” and “welfare maximization” justifications unjustly sacrifice vulnerable people to the economic prosperity of high emitting nations and individuals. The methods of economics are limited in what they can do. …They are suited to measuring and aggregating the wellbeing of humans, but not in taking account of justice and rights. (IPCC, 2014, AR5, WG III, Ch. 3, pg. 24)
  • What ethical considerations can economics and justice can economics cover satisfactorily? Since the methods of economics are concerned with value, they do not take account of justice and rights in general. (IPCC, 2014.AR5, WG III, Ch. 3, pg. 25)
  • Economics is not well suited to taking into account many other aspects of justice, including compensatory justice. (IPCC,2014, AR5, WG III, Ch. 3,pg. 24)

Yet, of course, what is any nation’s fair share of safe global emissions is a matter of distributive justice about which reasonable people may disagree. In fact, some very low emitting nation’s and people may be able to argue that they need not yet cut their ghg emissions because they have not yet exceeded their fair share of safe global emissions. Yet almost all nations are without doubt emitting at levels above their fair share of safe global emissions because total global emissions must be cut by as much as 95 percent by 2050 to prevent dangerous climate change. This is particularly true for all developed nations such as the United States which have very high per capita and historical emissions.

Although reasonable people may disagree on exactly what any nation’s fair share of safe global emissions, this does not mean that any national articulation of what is fair passes ethical scrutiny.

In this regard, the recent IPCC report also agreed when it said:

  •  There is a basic set of shared ethical principles and precedents that apply to the climate problem…[and] such principles… can put bounds on the plausible interpretation of equity in the burden sharing context…[and] are important in establishing what may be reasonably required of different actors.  (IPCC, 2014, AR5, WG III, Ch. 4, pg. 48)

The recent IPPC report identified the considerations that have been discussed in the ethics literature as being relevant for determining what fairness requires in allocating national responsibility for national ghg emissions reductions. They include; (a) responsibility for causing the climate problem, that is historical levels of emissions, (b) capacity or ability to pay for ghg emissions reductions, (c) equality or giving each human being an equal right to use the atmosphere as a sink for ghg emissions, and (d) the right to development a concept which is usually understood to give poorer nations an exception from the obligations to reduce ghg emissions so that they can meet basic needs. (IPCC, 2014, AR5, WGIII pp 52-56)

And so ethics requires each nation to reduce its emissions to its fair share of safe global emissions where what is fair must be based upon morally justifiable reasons for allocating national ghg emissions reductions’ burdens yet in determining what are morally relevant factors there are only a limited number of considerations that are recognized by ethicists to be morally relevant.  None of these considerations are costs to reduce ghg emissions of high-emitting nations or people.

III. The Ethics Of One Nation Making Its GHG Reductions’ Commitment Contingent Upon Other Nations Doing the Same.

All nations that are exceeding their fair share of safe global emissions have a duty to immediately reduce their emissions to their fair share of safe global emissions without regard to what other nations do. This is so because climate change obligations are a matter of global justice, not national interest alone, and justice requires all nations to reduce their ghg emissions to levels that are distributively just and sufficient in magnitude to in combination with the reductions of other nations to prevent dangerous climate change.

The duty to cease activities that harm others is not diminished if others who are contributing to the harm fail to cease their harmful behavior. This is so because no nation or person has a right to continue destructive behavior on the basis that others who are contributing to the harm of others have not ceased their destructive behavior.

For example, it would be absurd for one of two factories that are poisoning people downstream by their discharges of toxic substances to argue that it has no obligation to reduce toxic discharges until the other factory agrees to reduce its toxic discharges. One of two persons beating up an innocent victim cannot defend his actions on the basis that he had no duty to stop the beating as long as the other person continued to assault the victim.

Yet climate change is an analogous problem because some very high-emitting countries are largely causing great harm to very low-emitting poor countries who can do little by themselves to protect themselves from the great harm. Those poor nations who are the most vulnerable victims of climate change are appropriately dismissive of arguments from high-emitting countries that justify their unwillingness to change the status quo on the basis that other high-emitting countries have not reduced their emissions.

May the United States, or other nation, refuse to reduce its emissions to its fair share of safe global emissions as long as another nation, for instance China, will not act accordingly? As a matter of ethics, for reasons stated above, no nation may refuse to reduce its emissions to its fair share of safe global emissions levels on the basis what other nations do.

May China, or other developing nation refuse to reduce its ghg emissions on the basis that another developed nation has refused to act according to levels required of them?

Any nation’s obligation, including China’s, to reduce its ghg emissions is terminated only when its ghg emission levels are  below levels required by fair global allocations that will prevent dangerous climate change. Although even if  a nation is emitting at levels below its fair share of safe global emissions an argument can be made that any nation that could reduce its ghg emissions further should do so to avoid catastrophic harm to others. This so because climate change is violating the human rights of poor people around the world and human rights theory requires governments that have the ability to prevent human rights violations should do so even if they are not at fault.

Without doubt as a matter of ethics, all nations, at a minimum, have a duty to keep ghg emissions below their fair share of safe global emissions independent of what other nations are doing.

Although as we have seen what fairness requires is a matter about which different ethical theories might reach different conclusions, a claim by almost any nation in the top 80 percent of global per capita emissions that it is already below its fair share of safe global emissions is highly unlikely to pass scrutiny on the basis of any conceivable ethically theory.

And so, the United States, along with other high-emitting nations, must act now because it cannot make a credible case that US ghg emissions are already below the US’s fair share of safe global emissions levels. This is true because most mainstream scientists have concluded that the world must reduce total global emissions by as much as 90 to 80 percent below existing levels to stabilize GHG atmospheric concentrations at minimally safe atmospheric ghg concentrations and most developed nations and China are very high emitters in both historical and per capita emissions. Therefore what is a fair reduction levels for these high-emitting countries will need to be reductions at greater levels than required of the entire world.

Yet, some very low-emitting developing countries might be able to make a credible case that their current ghg emissions levels are still below their fair share of safe global emissions. And so although some poor low-emitting nations might be able to substantiate a claim that their existing ghg emissions levels don’t yet trigger immediate emissions reductions obligations, the United States and all developed nations and China are not members of this group. For this reason, the US, developed nations, and even high-emitting developing nations have a duty to reduce their ghg emissions to their fair share of safe global emissions and this obligation is an international responsibility that is unaffected by the actions of other nations.

In addition, it is ethically problematic for the United States or another developed nation to assert that other nations must reduce their emissions to levels commensurate with US reductions. In fact, for the United States to make any claim on any other nation that it must reduce its emissions in the same amount as the US emissions reductions, it would have to make the case that the nation was already exceeding its fair share of safe global emissions coupled with the claim that to achieve fair emissions levels the nation would have to reduce emissions to the same level committed to by the United States. But even then, as we have seen, the United States could not makes its emissions reduction commitments contingent on what another nation did.

A variation of the argument that a country like the United States need not reduce its ghg emissions unless other nations do so is the claim that it will not make a difference in the harms experienced by those vulnerable to climate change if the United States reduces its ghg emissions and others fail to do so.  Yet this claim is not factually true. Any nation which is emitting ghg emissions above its fair share is contributing to the harms of people and nations who are harmed by climate change. Although it is obviously true that unless all nations reduce their emissions to their fair share of safe global ghg emissions, some nations and people will be harmed by climate change, yet these harms will be worse so long as each nation refuses to reduce its emissions to its fair share of safe global emissions. Although the most damaging harms may be caused by those nations who refuse to reduce their ghg emissions to their fair share, all nations emitting ghgs above their fair share make the harms worse.

Countries like the United States are not being asked to reduce China’s fair share of safe global emissions, they are only expected to reduce the US ghg emissions to the US fair share of safe global emissions. For this reason, also, the US may not as a matter of ethics fail to reduce its ghg emissions to its fair share of safe global emissions because other countries have failed to do so.

IV. Conclusion

In conclusion, nations have an ethical responsibility to reduce ghg emissions that harm others for as long as they are exceeding their fair share of safe global emissions. This duty exists regardless of efforts undertaken by other nations to reduce their ghg emissions.

References:

Intergovernmental Panel on Climate Change (IPCC), 1995, AR2, Working Group III, Economic and Social Dimensions of Climate Change, https://www.ipcc.ch/publications_and_data/publications_and_data_reports.shtml#1

Intergovernmental Panel on Climate Change (IPCC), 2014, Working Group III, Mitigation of Climate Change, http://www.ipcc.ch/report/ar5/wg3/

United Nations Framework Convention on Climate Change (UNFCCC), 1992, FCCC/INFORMAL/84. GE.05-62220 (E)  unfccc.int/resource/docs/convkp/conveng.pdf, accessed August 30, 2014

 

By:

Donald A. Brown

Scholar in Residence and Professor

Widener University School of Law

dabrown57@gmail.com

 

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

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

We are also looking for researchers from other nations.

The following description of the project:

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

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

Research Project on Ethics and Justice in Formulating

A.    The Need for Research

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

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

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

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

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

B.    Research Template

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

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

C.   Procedures

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

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

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

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

First drafts of Report due September 5th. 2014

D.  Additional Guidelines for Research Papers.

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

Format guidelines for authors:

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

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

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

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

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

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

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

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

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

• Follow the style of referencing in the following examples:

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

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

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

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

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

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

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

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

Additional Formatting Instructions

NOTES FOR AUTHORS AND EDITORS

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

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

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

HOW AND WHAT TO SUBMIT

 

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

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

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

TEXT PRESENTATION

GENERAL POINTS

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

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

 

HEADINGS

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

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

[a]Public policy

[b]Green taxes

[c]The EU carbon tax

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

LISTS

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

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

1 First point in a numbered list

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

** First point in a bulleted list

** Second point in a bulleted list

** Third point in a bulleted list.

CAPTIONS FOR FIGURES AND TABLES

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

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

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

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

TEXT BOXES

• Do not use any special formatting for boxes.

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

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

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

NOTES

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

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

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

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

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

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

 

REFERENCES

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

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

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

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

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

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

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

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

PERMISSIONS

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

CONTENTIOUS MATERIAL

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

 

IMAGE FILES (FIGURES)

GENERAL POINTS

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

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

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

 

ELECTRONIC SPECIFICATIONS

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

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

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

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

HOUSE STYLE

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

SPELLING

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

• Use UK English rather than US English.

CAPITALIZATION

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

ACRONYMS AND ABBREVIATIONS

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

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

• Please provide a list of all acronyms and abbreviations used

BOLD AND ITALICS

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

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

• Use italics sparingly for emphasis.

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

NUMBERS AND MEASUREMENTS

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

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

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

PUNCTUATION

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

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

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

 

WEB ADDRESSES

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

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

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

 By:

Donald A. Brown

Scholar In Residence and Professor

Widener University School Of Law

dabrown57@gmail.com

 

Prue Taylor

Deputy Director

New Zealand Center for Environmental Law

University of Auckland

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

 

 

 

 

 

Improving IPCC Working Group III’s Analysis on Climate Ethics and Equity, Second In A Series.

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This is the second in a three part series examining the ethical and justice issues discussed by the IPCC Working Group III in its 5th Assessment Report (AR5) . In the first entry in  this series we concluded that although the recent IPCC AR 5 Working Group III report is laudable improvement over prior IPCC reports in regard to identifying ethical and equity issues that should be considered in developing climate change policy, some criticisms are also warranted of how IPCC has articulated the significance and implications of the ethical, justice, and equity principles that should guide nations in developing climate change policies.

In short, we will argue improvement is possible in how IPCC deals with ethics, justice, and equity issues entailed by climate change policy-making despite very significant improvements on these matters in the AR5 report compared to prior IPCC reports.

In this entry we will examine several preliminary ethical and justice issues raised by the new IPCC Working Group III Chapter 3, on Social, Economic, and Ethical Concepts.  The last entry will continue the examination Chapter 3 and then turn to Chapter 4 on Sustainable Development and Equity.

As a preliminary matter, one of the challenges that IPCC faces in its mandate on of ethics and justice issues relevant to climate change policy-making is that it is not IPCC’s role to be prescriptive in deciding what governments should do. It’s mandate is to synthesize the extant social-economic and scientific literature for policy-makers. In this regard, the IPCC chapter on ethics said expressly:

This chapter does not attempt to answer ethical questions, but rather provides policymakers with the tools (concepts, principles, arguments, and methods) to make decisions. (IPCC, 2014.WG III, Ch. 3, pg. 10)

And so it is not IPCC’s role to do ethical analyses of policy issues that raise ethical questions. IPCC can, however, distinguish between prescriptive and descriptive questions that arise in relevant socio-economic literature about climate policy-making, identify important ethical and justice issues that arise in this literature, where there is a consensus on ethics and justice issues in the relevant literature describe the consensus position, where there is no consensus on ethical and justice issues describe the range of reasonable views on these issues, and identify hard and soft law legal principles relevant to how governments should resolve ethical and justice issues that must be faced by policy-makers.

There are several subjects in climate change policy-making which raise important ethical and justice issues. They include policy judgements about:

  1. how much warming will be tolerated, a matter which is implicit but rarely identified when nations make ghg emissions reduction commitments,
  2. any nation’s fair share of safe global emissions, matters which are referred to by the IPCC usually as burden-sharing or effort-sharing considerations and a matter taken up in chapter 4 of IPCC, Working Group III chapter on sustainability and equity,
  3. any nation’s responsibility for funding reasonable adaptation and compensation for losses and damages for those who are harmed by climate change,
  4. when a nation is responsible for its ghg emissions given differences in historical and per capita emissions among nations,
  5. responsibility for funding technology transfer to poor nations,
  6. how to evaluate the effects on and responsibilities to others of climate change technologies that are adopted in response to the threat of climate change, including such technologies as geo-engineering or nuclear power, for instance,
  7. who has a right to participate in climate change policy-making, a topic usually referred to under the topic of procedural justice,
  8. the policy implications of human rights violations caused by climate change,
  9. the responsibility of not only nations but subnational governments, entities, organizations, and individuals for climate change,
  10. when economic analyses of climate change policy options can prescribe or limit national duties or obligations to respond to the threat of climate change,
  11. ethical and justice implications of decisions must be made in the face of scientific uncertainty,
  12. whether action or non-action of other nations is relevant to any nation’s responsibility for climate change,
  13. how to spend limited funds on climate change adaptation,
  14. when politicians may rely on their own uninformed opinion about climate change science,
  15. who is responsible for climate refugees and what their responsibilities are.

nw book advOn some of these issues, the recent IPCC report included a good summary of the extant ethical literature, on other issues important gaps in IPCC’s analysis can be identified, and lastly on a few of these issues, IPCC Working Group III is silent. IPCC reports cannot be expected to be exhaustive on these matters and therefore gaps and omissions in the IPCC reports in regard to ethics and justice issues relevant to policy-making is not necessarily a criticism of IPCC and is here pointed out only for future consideration. In fact, IPCC’s work on the ethical limits of economic arguments is a particularly important contribution to the global climate change debate. What is worthy of criticism, however, is if IPCC’s conclusions on guidance for policy-makers is misleading on ethics and justice issues.

II. Ethical Issues Raised by Economic Arguments About Climate Policy

Perhaps the most important practical ethical and justice issues raised by Working Group III’s work on ethics is its conclusions on the ethical and justice limitations of economic analyses of climate change policy options. This topic is enormously practically important because nations and others who argue against proposed climate change policies usually rely on various economic arguments which often completely ignore the ethical and justice limitations of these arguments (In the case of the United States, see Brown, 2012.) Because most citizens and policy-makers have not been trained in spotting ethically dubious claims that are often hidden in what appear at first glance to be “value-neutral” economic arguments, IPCC’s acknowledgement of the ethical limitations of economic arguments is vitally important.  It is also practically important because the first four IPCC reports, although not completely ignoring all ethical and justice problems with economic arguments about climate change policies, failed to examine the vast majority of ethical problems with economic arguments against climate change policies while making economic analyses of climate change policies the primary focus of Working Group III’s work thereby  leaving the strong impression that economic analyses, including but not limited to cost-benefit analyses, is the preferred way to evaluate the sufficiency of proposed climate change policies.  On this matter, the AR5 report has made important clarifications.

The AR5 III report included a section on this very issue entitled: Economics, Rights, and Duties which we reproduce here it  its entirety because of its importance to this discussion,  followed by comments in bold italics:

Economics can measure and aggregate human wellbeing, but Sections 3.2, 3.3 and 3.4 explain that wellbeing may be only one of several criteria for choosing among alternative mitigation policies.

Other ethical considerations are not reflected in economic valuations, and those considerations may be extremely important for particular decisions that have to be made. For example, some have contended that countries that have emitted a great deal of GHG in the past owe restitution to countries that have been harmed by their emissions. If so, this is an important consideration in determining how much finance rich countries should provide to poorer countries to help with their mitigation efforts. It suggests that economics alone cannot be used to determine who should bear the burden of mitigation.

What ethical considerations can economics cover satisfactorily? Since the methods of economics are concerned with value, they do not take into account of justice and rights in general. However, distributive justice can be accommodated within economics, because it can be understood as a value: specifically the value of equality. The theory of fairness within economics (Fleurbaey, 2008) is an account of distributive justice. It assumes that the level of distributive justice within a society is a function of the wellbeings of individuals, which means it can be reflected in the aggregation of wellbeing. In particular, it may be measured by the degree of inequality in wellbeing, using one of the standard measures of inequality such as the Gini coefficient (Gini, 1912), as discussed in the previous section. The Atkinson measure of inequality (Atkinson, 1970) is based on an additively separable social welfare function (SWF), and is therefore particularly appropriate for representing the prioritarian theory described in Section 3.4.6 . Furthermore, distributive justice can be reflected in weights incorporated into economic evaluations as Section 3.6 explains.

Simply identifying the level of inequality using the Gini Index does not assure that the harms and benefits of climate change policies will be distributed justly. For that a theory of just distribution is needed. The Gini index is also at such a level of abstraction that it is very difficult to use it as a way of thinking about the justice obligations to those most vulnerable to climate change. Even if there is strong economic equality in a nation measured by the Gini index, one cannot conclude that climate change policies are distributively just.

Economics is not well suited to taking into account many other aspects of justice, including compensatory justice. For example, a CBA might not show the drowning of a Pacific island as a big loss, since the island has few inhabitants and relatively little economic activity. It might conclude that more good would be done in total by allowing the island to drown: the cost of the radical action that would be required to save the island by mitigating climate change globally would be much greater than the benefit of saving the island. This might be the correct conclusion in terms of overall aggregation of costs and benefits. But the island’s inhabitants might have a right not to have their homes and livelihoods destroyed as a result of the GHG emissions of richer nations far away. If that is so, their right may override the conclusions of CBA. It may give those nations who emit GHG a duty to protect the people who suffer from it, or at least to make restitution to them for any harms they suffer.

Even in areas where the methods of economics can be applied in principle, they cannot be accepted without question (Jamieson, 1992; Sagoff, 2008). Particular simplifying assumptions are always required, as shown throughout this chapter. These assumptions are not always accurate or appropriate, and decision‐makers need to keep in mind the resulting limitations of the economic analyses. For example, climate change will shorten many people’s lives. This harm may in principle be included within a CBA, but it remains highly contentious how that should be done. Another problem is that, because economics can provide concrete, quantitative estimates of some but not all values, less quantifiable considerations may receive less attention than they deserve.

This discussion does not adequately capture serious ethical problems with translating all values into monetary units measured by willingness to pay or its surrogates nor that such transformation may greatly distort ethical obligations to do no harm into changes in commodity value.

The extraordinary scope and scale of climate change raises particular difficulties for economic methods (Stern, forthcoming). First, many of the common methods of valuation in economics are best designed for marginal changes, whereas some of the impacts of climate change and efforts at mitigation are not marginal (Howarth and Norgaard, 1992). Second, the very long time scale of climate change makes the discount rate crucial at the same time as it makes it highly controversial (see Section 3.6.2 ). Third, the scope of the problem means it encompasses the world’s extremes of wealth and poverty, so questions of distribution become especially important and especially difficult. Fourth, measuring non‐market values—such as the existence of species, natural environments, or traditional ways of life of local societies—is fraught with difficulty. Fifth, the uncertainty that surrounds climate change is very great. It includes the likelihood of irreversible changes to societies and to nature, and even a small chance of catastrophe. This degree of uncertainty sets special problems for economics. (Nelson, 2013) (IPCC, 2014.WG III, Ch. 3, pg. 12-13)

Again this discussion does not adequately describe the ethical problems with economic determinations of all values. In fact it leaves the impression that if non-market values can be discovered the problems of transforming all values to commodity values are adequately dealt with.

Chapter 3, also includes additional statements about the ethical limits of economic reasoning sprinkled throughout the chapter. They include:

1. Most normative analyses of solutions to the climate problem implicitly involve contestable ethical assumptions.(IPCC, 2014. WG III, Ch. 3, pg.10)

2. However, the methods of economics are limited in what they can do. They can be based on ethical principles, as Section 3.6 explains. But they cannot take account of every ethical principle. They are suited to measuring and aggregating the wellbeing of humans, but not to taking account of justice and rights (with the exception of distributive justice − see below), or other values apart from human wellbeing. (IPCC, 2014.WG III, Ch. 3, pg. 24)

And so Chapter 3 of the IPCC report contains a number or clear assertions  about the ethical limitations of economic arguments. However there are important gaps missing from this analysis. Also several sections of Chapter 3 that can be interpreted as claims that policy makers are free to choose economic reasoning as justification for climate policies. That is, some of the text reads as if a policy-maker is free to choose whether to base policy  on economic or ethical and justice considerations, choosing between these two ways of evaluation is simply an option. Some of these provisions follow with responses in italics

Chapter 3 page 6 says:

Many different analytic methods are available for evaluating policies. Methods may be quantitative (for example, cost‐benefit analysis, integrated assessment modeling, and multi‐criteria analysis) or qualitative (for example, sociological and participatory approaches). However, no single best method can provide a comprehensive analysis of policies. A mix of methods is often needed to understand the broad effects, attributes, trade‐offs, and complexities of policy choices; moreover, policies often address multiple objectives  (IPCC, 2014.WG III, Ch. 3, pg. 6)

Although economic analyses can provide policy-makers with valuable information such as which technologies will achieve ethically determined goals at lowest cost, thereby providing criteria for making remedies cost-effective, there are serious ethical problems with cost-benefit analyses used prescriptively to set emissions reductions targets. Some of these are alluded to in IPCC Chapters 3 and 4, others are not acknowledged. Because of the prevalence of cost-benefit justifications for climate change policies, future IPCC reports could make a contribution by identifying all of the ethical issues raised by cost-benefit analyses.

 Any decision about climate change is likely to promote some values and damage others. These may  be values of very different sorts. In decision making, different values must therefore be put together or balanced against each other. (IPCC, 2014. WG III, Ch. 3, pg. 6)

This provision can be understood as condoning a consequentialist approach to climate policy that fails to acknowledge deontological limits. Since when any nation makes policy on climate change it affects poor people and vulnerable nations around the world, there are serious procedural justice issues which go unacknowledged in this section and,  for the most part, all throughout Chapter 3. Nowhere does the chapter acknowledge that when a climate policy is  under development at the national level,  nations have no right to compare costs to them of implementing policies  with the harms to others that have not consented to the method of valuation being used to determine quantitative value.

Ideally, emissions should be reduced in each place to just the extent that makes the marginal cost of further reductions the same everywhere. One way of achieving this result is to have a carbon price that is uniform across the world; or it might be approximated by a mix of policy instruments (see Section 3.8 ). (IPCC, 2014.WG III, Ch. 3, pg. 26)

This statement fails to acknowledge that emissions reductions amounts should be different in different places according to well accepted principles of distributive justice. Although other sections of the chapter acknowledge that responsibility for climate change is a matter of distributive justice, this section and others leave the impression that climate policy can be based upon economic efficiency grounds alone. The way to cure this problem is to continue to reference other sections that recognize ethical limits in setting policy on the basis of efficiency.

(IPCC, 2014.WG III, Ch. 3, pg. 6)

Since, for efficiency, mitigation should take place where it is cheapest, emissions of GHG should be reduced in many developing countries, as well as in rich ones. However, it does not follow that mitigation must be paid for by those developing countries; rich countries may pay for mitigation that takes place in poor countries. Financial flows between countries make it possible to separate the question of where mitigation should take place from the question of who should pay for it. Because mitigating climate change demands very large‐scale action, if put in place these transfers might become a significant factor in the international distribution of wealth. Provided appropriate financial transfers are made, the question of where mitigation should take place is largely a matter for the  economic theory of efficiency, tempered by ethical considerations. But the distribution of wealth is amatter of justice among countries, and a major issue in the politics of climate change (Stanton, 2011). It is partly a matter of distributive justice, which economics can take into account, but compensatory justice may also be involved, which is an issue for ethics. (Section 3.3).(IPCC, 2014.WG III, Ch. 3, pg. 26)

There are a host of  potential ethical problems with mitigation taking place in one part of the world to satisfy the ethical obligations of a nation in another part of the world which is emitting above its fair share of safe global emissions that are not mentioned in this article. Included in these problems are:

  • Environmental Sufficiency. There are many technical challenges in assuring that a project in one part of the world that seeks to reduce ghg by an amount that otherwise would be required of a polluter will actually succeed in achieving the reductions particularly when the method of reduction is reliant on biological removal of carbon.
  • Permanence. Many proposed projects for reducing carbon in one part of the world to offset reductions ethically required in another part of the world raise serious questions about whether the carbon reduced by the project will stay out of the atmosphere forever, a requirement that is required to achieve the environmental equivalence to ghg emissions reductions that would be achieved at the source.
  • Leakage. Many proposed projects used to offset emissions reductions of high-emitters raise serious questions about whether carbon reduced by a project at one location will result in actual reductions in emissions because the activity which is the subject of the offset is resumed at another location.
  • Additionality. A project that is proposed in another part of the world to offset emissions reductions of a high-emitting entity may not be environmentally effective if the project would have happened anyway for other reasons.
  • Allowing Delay In Investing In New Technology. The ability to rely on a cheaper emissions reductions project in another part of the world as a substitute of reducing emissions creates an excuse for high-emitting entities to delay investment in technologies that will reduce the pollution load. This may create a practical problem when emissions reductions obligations are tightened in the future. 

Chapter 3 also treats other important ethical issues that arise in climate change policy formation. They include:

3.3 Justice, equity and responsibility,

3.3.1 Causal and moral responsibility

3.3.2 Intergenerational justice and rights of future people

3.3.3 Intergenerational justice: distributive justice

3.3.4 Historical responsibility and distributive justice

3.3.5 Intra‐generational justice: compensatory justice and historical responsibility

3.3.6 Legal concepts of historical responsibility

3.3.7 Geoengineering, ethics, and justice

3.4 Values and wellbeing

3.4.1 Non‐human values

3.4.2 Cultural and social values

3.4.3 Wellbeing

3.4.4 Aggregation of wellbeing

3.4.5 Lifetime wellbeing

3.4.6 Social welfare functions

3.4.7 Valuing population

III. Some Additional Gaps In Chapter 3

Some of the gaps in Chapter 3 on ethical issues raised by climate change policy-making include: (1) ethics of decision-making in the face of scientific uncertainty, (2) whether action or non-action of other nations affects a nation’s responsibility for climate change, (3) how to spend limited funds on climate change adaptation, (4) when politicians may rely on their own uninformed opinion about climate change science, and (5) who is responsible to for climate refugees and what are their responsibilities.

The last entry in this series will continue the analyses of IPCC  Chapter 3 on Social, Economic, and Ethical Concepts and Chapter 4 on Sustainability and Equity.

References

Brown, 2012,  Navigating the Perfect Moral Storm: Climate Change Ethics In Light of a Thirty-Five Year Debate, Routledge-Earthscan, 2012

Intergovernmental Panel on Climate Change (IPCC), 2014, Working Group III, Mitigation of Climate Change, http://www.ipcc.ch/report/ar5/wg3/ –

By:

Donald A. Brown

Scholar In Reference and Professor

Sustainability Ethics and Law

Widener University School of  Law

dabrown57@gmail.com

 

 

Four Tragic Omissions From US Media’s Coverge Of Obama’s Climate Proposals.

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On Monday June 2, the US press began to shine a spotlight on the predictable political warfare breaking out over the Obama administration’s new proposed climate change rules. Yet, there are at least four crucial facts about any US response to climate change that continue to be largely ignored by the US media coverage of this food fight. They include: (1) a 35 year US delay on climate action has made the problem extraordinarily challenging to solve, (2) US greenhouse gas (ghg) emissions are more than any country responsible for rise in atmospheric concentrations to present dangerous levels, (3) US ghg emissions not only threaten the US with climate disruption but endanger many of the poorest people around the world, (4) the Obama administration’s pledge to reduce ghg emissions is far short of the US fair share of safe global emissions.

For over 35 years the US Academy of Sciences has been warning Americans about the threat of climate change. In 1977, Robert M. White, the head of the National Oceanic and Atmospheric Administration, wrote a report for the US Academy that concluded that CO2 released during the burning of fossil fuel could have consequences for climate that pose a considerable threat to future society. By the late 1980s, scientists around the world agreed that action by the world governments was needed to avoid the threat of climate change. In June in 1988, a conference of the world’s governments and scientists proposed that developed nations reduce their emissions by 20% by 2000. The US, virtually standing alone among developed countries, refused to commit to any emissions reductions targets citing scientific uncertainty and cost to the US economy. The 35 year delay in taking significant action has made the task of avoiding dangerous climate change increasingly more challenging. In fact, most climate scientists are alarmed that the world is now running out of time to prevent very dangerous climate change. The 35 year delay has now created a need for extraordinarily steep ghg reductions worldwide. The longer the world waits, the more difficult and costly it will be to avoid dangerous climate change.

nw book advOpponents of US action on climate change loudly now argue that the US should not act until China commits to acts correspondingly siting that China is now the world’s largest emitter of ghg. Yet they conveniently ignore the fact that the United States is a much larger emitter of ghgs than China in per capita and historical emissions. The atmosphere is like a bathtub, it has a limited volume, and because CO2 is well mixed in the atmosphere it makes little difference where the emissions come from; the bathtub continues to fill. The US more than any other country has been responsible for filling the atmospheric bathtub with ghgs above levels that existed before the beginning of the industrial revolution to current dangerous levels. Given there is limited atmospheric space left before ghg concentrations exceed very dangerous levels, the international community expects the United States to reduce its emissions to its fair share of safe global emissions, it is not asking American to reduce China’s share.

The political fight in the United States often exclusively has focused on climate harms to the United States if it does not take climate action compared to the costs to the US of taking action. Such a framing ignores that it is tens of millions of poor people around the world who will be most harmed by climate change if high-emitting nations fail to reduce their emissions to their fair share 0f safe global emissions. For this reason, climate change raises civilization challenging questions of justice and fairness, a feature of climate change that the US press is largely ignoring while it focuses on harms and benefits to the United States alone. Climate change creates US obligations to poor people and places around the world that are most at risk.

In 2009, President Obama promised the world that the US would strive to reduce its ghg emissions by 17% below 2005 emissions by 2020. He did this knowing that the United States would need to adopt additional policies to achieve this very modest goal. Because the US Congress has refused to act, the Obama administration proposed the regulation this week that has triggered the political firestorm. Missing from the coverage of the proposed regulations, is that the Obama pledge on ghg emissions reductions falls far short of any reasonable judgment about what the US fair share of safe global emissions is. This is so because to have any reasonable hope of preventing dangerous climate change, the entire world must reduce its emissions by much greater amounts than the US 2009 commitment and the United States is at the high-end of national historical and per capita emissions. To having any hope of avoiding dangerous climate change the US and other high-emitting nations will need to reduce their emissions at much greater rates than the average for the rest of the world. Basic justice requires this.

 

 By: 

Donald A. Brown

Scholar In Residence and Professor

Widener University School of Law

dabrown57@gmail.com

 

 

 

Five Common Arguments Against Climate Change Policies That Can Only Be Effectively Responded To On Ethical Grounds

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Ethics and climate has explained in numerous articles on this site why climate change policy raises civilization challenging ethical issues which have practical significance for policy-making. This article identifies five common arguments that are very frequently made in opposition to proposed climate change laws and policies that cannot be adequately responded to without full recognition of serious ethical problems with these arguments. Yet the national debate on climate change and its press coverage in the United States and many other countries continue to ignore serious ethical problems with arguments made against climate change policies. The failure to identify the ethical problems with these arguments greatly weakens potential responses to these arguments. These arguments include:

 1. A nation should not adopt climate change policies because these policies will harm the national economy.

This argument is obviously ethically problematic because it fails to consider that high emitting governments and entities have clear ethical obligations to not harm others.  Economic arguments in opposition to climate change policies are almost always arguments about self-interest that ignore strong global obligations. Climate change is a problem that is being caused mostly by high emitting nations and people that are harming and putting at risk poor people and the ecological systems on which they depend around the world. It is clearly ethically unacceptable for those causing the harms to others to only consider the costs to them of reducing the damages they are causing while ignoring their responsibilities to not harm others.

new book description for website-1_01 It is not only high emitting nations and corporations that are ignoring the ethical problems with cost-based arguments against climate change policies. Some environmental NGOs usually fail to spot the ethical problems with arguments made against climate change policies based upon the cost or reducing ghg emissions to the emitters. Again and again proponents of action on climate change have responded to economic arguments against taking action to reduce the threat of climate change by making counter economic arguments such as climate change policies will produce new jobs or reduce adverse economic impacts that will follow from the failure to reduce the threat of climate change.  In responding this way, proponents of climate change policy action are implicitly confirming the ethically dubious notion that public policy must be based upon economic self-interest rather than responsibilities to those who will be most harmed by inaction. There is, of course, nothing wrong with claims that some climate change policies will produce jobs, but such assertions should also say that emissions should be reduced because high-emitters of ghgs have duties and obligations to do so.

 

2. Nations need not reduce their ghg emissions until other high emitting nations also act to reduce their emissions because this will put the nation that reduces its emissions in a disadvantageous economic position.

Over and over again opponents of climate change policies at the national level have argued that high emitting nations should not act to reduce their ghg emissions until other high emitting nations also act accordingly. In the United States, for instance, it is frequently said that the United States should not reduce its ghg emissions until China does so.  Implicit in this argument  is the notion that governments should only adopt policies which are in their economic interest to do so.  Yet as a matter of ethics, as we have seen, all nations have a strong ethical duty to reduce their emissions to their fair share of safe global emissions and national economic self-interest is not an acceptable justification for failing to reduce national ghg emissions. Nations are required as a matter of ethics to reduce their ghg emissions to their fair share of safe global  emissions; they are not required to reduce other nations’ share of safe global emissions. And so, nations have an ethical duty to reduce their ghg emissions to their fair share of safe global emissions without regard to what other nations do.

3. Nations need not reduce their ghg emissions as long as other nations are emitting high levels of ghg because it will do no good for one nation to act if other nations do not act.

A common claim similar to argument 2 is the assertion nations need not reduce their ghg emissions until others do so because it will do no good for one nation to reduce its emissions while high-emitting nations continue to emit without reductions. It is not factually true that a nation that is emitting ghgs at levels above its fair share of safe global emissions is not harming others because they are continuing to cause elevated atmospheric concentrations of ghg which will cause some harm to some places and people than would not be experienced if the nation was  emitting ghg at lower levels. And so, since all nations have an ethical duty to reduce their ghg emissions to their fair share of safe global emissions, nations have a duty to reduce the harm that they are causing to others even if there is no adequate global response to climate change.

4.  No nation need act to reduce the threat of climate change until all scientific uncertainties about climate change impacts are resolved.

Over and over again opponents of climate change policies have argued that nations need not act to reduce the threat of climate change because there are scientific uncertainties about the magnitude and timing of  human-induced climate change impacts. There are a host of ethical problems with these arguments. First, as we have explained in detail on this website under the category of disinformation campaign in the index, some arguments that claim that that there is significant scientific uncertainty about human impacts on climate have been based upon lies or reckless disregard for the truth about mainstream climate change science. Second, other scientific uncertainty arguments are premised on cherry picking climate change science, that is focusing on what is unknown about climate change while ignoring numerous conclusions of the scientific community that are not in serious dispute. Third. other claims that there is scientific uncertainty about human induced climate change have not been subjected to peer-review. Fourth some arguments against climate change policies  on the basis of scientific uncertainty often rest on the ethically dubious notion that nothing should be done to reduce a threat that some are imposing on others until all uncertainties are resolved. They make this argument despite the fact that if high emitters of ghg wait until all uncertainties are resolved before reducing their ghg emissions:

  • It will likely be too late to prevent serious harm if the mainstream scientific  view of climate change is later vindicated;
  • It will be much more difficult to prevent catastrophic harm if nations wait, and
  • The argument to wait ignores the fact that those who will be harmed the most have not consented to be put at greater risk by waiting.

For all of these reasons, arguments against taking action to reduce the threat of climate change based upon scientific uncertainty fail to pass minimum ethical scrutiny.

5. Nations need only set ghg emissions reduction targets to levels consistent with their national interest.

Nations continue to set ghg emissions reductions targets at levels based upon their self-interest despite the fact that any national target must be understood to be implicitly a position on two issues that cannot be thought about clearly without considering ethical obligations. That is, every national ghg emissions reduction target is implicitly a position on : (a) a safe ghg atmospheric stabilization target; and (b) the nation’s fair share of total global ghg emissions that will achieve safe ghg atmospheric concentrations.

A position on a global ghg atmospheric stabilization target is essentially an ethical question because a global ghg atmospheric concentration goal will determine to what extent the most vulnerable people and the ecological systems on which they depend will be put at risk. And so a position that a nation takes on atmospheric ghg atmospheric targets is necessarily an ethical issue because nations and people have an ethical duty to not harm others and the numerical ghg atmospheric goal will determine how much harm polluting nations will impose on the most vulnerable.

Once a global ghg atmospheric goal is determined, a nation’s ghg emissions reduction target is also necessarily implicitly a position on the nation’s fair share of safe global ghg emissions, an issue of distributive justice and ethics at its core.

And so any national ghg emissions target is inherently a position on important ethical and justice issues and thus setting a national emissions reduction target based upon national interest alone fails to pass minimum ethical scrutiny.

By:

Donald A. Brown

Scholar in Residence and Professor

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

 

 

10 Reasons Why “Contraction and Convergence” Is Still The Most Preferable Equity Framework for Allocating National GHG Targets .

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(The Contraction and Convergence Equity Framework)

I. Introduction

Perhaps the most challenging policy issue raised by climate change is how to fairly allocate responsibility among nations, regions, states, organizations, and individuals to reduce global greenhouse gas (ghg) emissions to non-dangerous levels. This problem is generally referred to as the problem of “equity” in the climate change regime. It a central issue in climate change policy formation because each government policy on reducing the threat of  climate change is implicitly a position on that government’s fair share of safe global emissions. In addition, climate change will continue to get worse unless each country reduces its emissions to its fair share of safe global emissions.  Therefore, “equity” is not only a challenging issue in forming climate policies, it is perhaps the most critical policy question facing the international community.

This article identifies 10 reasons why the equity framework known as “contraction and convergence” (C&C) is the most preferable of all the equity frameworks under serious discussion around the world.  The end of this paper will acknowledge some alleged limitations of C&C yet explain why these limitations should be dealt with in one of several possible ways while adopting the C&C framework internationally.

C&C was first proposed in 1990 by the London-based non-governmental Global new book description for website-1_01Commons Institute. (Meyer, 2000) ( GCI, 2009) Basically, C&C is not a prescription per se, but rather a way of demonstrating how a global prescription could be negotiated and organized. (Meyer, 1999:305) Implementing C&C requires two main steps. As a first step, countries must to agree on a long-term global stabilization level for atmospheric ghg concentrations. Although a warming limit of 2 degrees C has been preliminarily agreed to in international negotiations, subject to the acknowledged need to examine whether the limit should be reduced to 1.5 degrees C in studies that are underway, once a warming limit is finalized it must be translated into a ghg atmospheric concentration goal and then a global ghg emissions budget can be calculated. As a second step, countries need to negotiate a convergence date, that is a date at which time the emissions allocated to each country should converge on equal per-capita entitlements (“convergence”) while staying within the carbon budget. During the transition period, a yearly global limitation is devised which contracts over time as the per-capita entitlements of developed countries decrease while those of most developing countries increase. C&C would allow nations to achieve their per capita based targets through trading from countries that have excess allotments.

And so the heart of C&C is the idea that justice requires that rights to use the atmosphere as a carbon sink must be based upon the idea that all human beings have an equal right to use the global commons, the Earth’s atmosphere. Because it would be impossible to achieve equal per capita emissions allocations in the short-term, C&C allows higher emitting nations to converge on a equal per capita target at some future date thus giving these nations some time to achieve an equal per capita target goal.

II. 10 Reasons To Support C&C

C&C is the most preferable equity framework  for the following reasons:

1.  Climate change is a classic problem of distributive justice. Distributive justice holds that all people should be treated as equals in any allocation of public goods unless some other distribution can be justified on morally supportable grounds. And so distributive justice entails the idea that at all allocations of public goods should start with a with a presumption of equal rights to public goods. Yet, distributive justice does not require that all shares of public goods be equal but put puts the burden on those who want to move away from equal shares to demonstrate that their justification for their requested entitlement to non-equal shares is based upon morally relevant grounds. Therefore someone cannot justify his or her desire to use a greater share of public resources on the fact that he or she has blue eyes or that he or she will maximize his or her economic self-interest through greater shares of public goods because such justifications fail to pass the test of morally supportable justifications for being treated differently. Because C&C ends up at some time in the future with equal rights for all individuals to use the atmosphere as a sink, it is strongly consistent with theories of distributive justice. Although distributive justice would also allow for other morally relevant considerations to be considered in allocating ghg emissions that diverge from strict equality, including such considerations as historical ghg emissions levels, these other considerations can be built into a C&C framework either by negotiating the convergence dates in a C&C regime or in side-agreements on such issues as financing technologies for low-emitting nations at levels that would allow them to achieve per capita emissions limitations.  C&C therefore is strongly consistent with theories of distributive justice because equal per capita emissions is the ultimate outcome of C&C even if that outcome is modified to take into account other legitimate equitable issues in negotiations by changing the convergence date or in side-agreements that finance compliance for poor nations that need assistance in achieving equal per capita emissions limitations.

2.  Allocating ghg emissions on an equal per capita emissions basis is consistent with the virtually universally recognized ethical idea that all people should treat others as they wish to be treated. And so basing allocations on equal rights is  the least contentious of all ethical theories of how to allocate public goods. Although there are are other ethically relevant facts that arguably should be considered in an allocation of ghg emissions such as economic capability to reduce emissions  or historical emissions levels, these considerations are more controversial ethically particularly in  regard to how they are operationalized in setting a numeric targets and therefore are more amenable to negotiated settlements on issues such as when convergence on equal per capita levels will  be achieved rather than in setting basic allocation target levels.

3. Equal per capita emissions levels are also consistent with human rights theories about the duty to prevent climate change. That is, human rights are based upon the uncontroversial ethical theory that humans should treat each other as they would like to be treated because all people, regardless of where they are,  should be treated with respect. Since the outcome of C&C is equal per capita rights, it is completely consistent with the idea of treating all people with equal respect, the foundation of human rights obligations. Because climate change undeniably violates several non-controversial human rights including the right to life, security, and food among other rights, climate change is widely acknowledged as a human rights problem. If climate change allocations are considered to be in fulfillment of human rights duties, then arguments based upon economic self-interest in setting ghg emissions targets are not an acceptable justification for avoiding human rights obligations. This is so because human rights obligations are viewed to ethically trump other values such as economic self interest or utility maximization as has been explained in significant detail in recent entries on this website. If human rights are violated by climate change, costs to those causing climate change entailed by policies to reduce the threat of climate change are not relevant for policy. That is if a person is violating human rights, he or she should desist even if it is costly to them. Therefore because a C&C framework has the strongest obvious link to human rights, if it were agreed to by the international community it would provide a strong argument against those who refuse to limit their emissions to an equal per capita level on the bases of cost to them.

4. Setting a ghg emissions target based upon distributive justice requires consideration of facts determined by looking backward, such as levels of historical ghg emissions, and issues determined by looking forward, such as what amount of the global commons should each individual be entitled to for personal use. Only equal per capita entitlements to the use a global commons satisfies future focused allocations issues without ethical controversy.  And so an allocation that converges on equal per capita emissions allocations sometime in the future is more than any other allocation framework likely to be seen as universally just as far as future entitlements issues are concerned. And so, the C&C should be supported because it is most consistent with equal entitlements to use global commons resources.

5, The C&C framework is the simplest of the dozen or so equity allocation frameworks which have been seriously considered in international climate change negotiations. Because it is simpler, it will likely be easier to negotiate than the other equity frameworks which have received serious consideration. Its simplicity is derived from the fact that its focus is narrowly on climate change justice issues. Thus it is not complicated by other global injustice issues which are not climate change related yet which are considerations in some other equity frameworks . For instance, other proposed ghg allocation formula try and remedy economic injustice among nations, issues which are worthy of international attention yet greatly complicate the ethical issues which need to be considered in setting ghg targets. Because C&C is simple, it is very pragmatic.

6. Objections to equal per capita allocations have sometimes been made by representatives from high emitting nations such as the United States because of the enormous ghg emissions reductions which would be required of it to reach equal per capita emissions levels of diminishing allowable safe global emissions.  Yet emissions reductions that would be required of high emitting nations under other proposed equity frameworks would be even steeper because they take into considerations issues such as, for example, historical emissions, economic wealth of nations, and ability of nations to pay. For this reason C&C holds the best chance of being accepted by the international community compared to other equity frameworks provided other issues that raise legitimate equity concerns including historical emissions levels are taken into account in some way in climate negotiations. These other justice concerns should be understood to be refinements of C&C rather than replacements of C&C because the C&C framework was always flexible enough to take into account additional issues relevant to distributive justice.

7. Many observers of international global efforts to achieve a solution to climate change argue that there has been too much emphasis on the obligations of nations while obligations of individuals and regional governments have largely been ignored. These observers argue that this focus on nations has helped high-emitting individuals and regional governments to largely escape public scrutiny. Because C&C obligations are premised on determining the obligations of nations based upon equal per capita shares, C&C can be seamlessly applied to state and regional governments and individuals around the world. If, for instance, a C&C framework determines that the world should converge on a per capita emissions target of 2 tons per person by 2025, it is therefore a straightforward deduction to argue that all individuals around the world  should limit their emissions to be below 2 tons per person by 2025 at a minimum.

8. Some of the issues that proponents of other equity frameworks have argued  should be considered in allocating national emissions targets such as historical emissions or the level of economic development in poor countries are already in serious consideration in international climate change negotiation agenda focused  on such matters as: (a) financial responsibility for adaptation, (b) responsibility for loses and damages for climate change, and (c) financing of climate friendly technologies for developing countries. Because of this the ethical issues raised by historical emissions or economic ability of nations to achieve a per capita allocation could be relegated to other issues already being negotiated in international climate change negotiations while emissions allocations targets are allocated on the basis of C&C.

9. Establishing a norm that each person is only entitled to emit ghgs on an equal per capita basis would also help to draw lines about other contentious ethical issues raised by climate change such as how to count responsibility for historical emissions. Determining how to translate historical emissions into legal obligations raises a host of contentious issues including when to start counting historical emissions. This question could be simplified by first determining reasonable per capita emissions at various moments in history. In addition, determining  liability for future excess emissions could be simplified if there was an agreement on acceptable per capita emissions. And so looking at the problem of climate change through a per capita lens helps draw lines about other climate change policy matters which will need to be faced. Therefore the  establishment of a C&C framework would help with other policy questions that must be faced in the future.

10. Many have argued that responsibility for reducing ghg emissions should not only be based upon production of ghgs within a nation, the current presumption of international negotiations, but on products consumed  in a nation but produced in another nations in processes which emitted ghgs.  Although this shift from production ghg to consumption related ghg as a way of establishing national responsibility to achieve ghg emissions reduction targets is not likely to happen in the short-term, those who desire to assign liability on the basis of consumption could also use the C&C framework more easier than other proposed equity frameworks.

III. Limitations of C&C

Other proposed equity frameworks were developed to deal with a few alleged  limitations of C&C. (As we have explained, C&C was always flexible enough to deal with additional issues relevant to distributive justice and therefore these alleged criticisms did not take into considerations the inherent flexibility of C&C.)

For instance, a second allocation formula which has received serious attention by the international community is the Greenhouse Development Rights Framework ( GDR) (Baer et al., 2008). GDR was developed, according to its proponents, because C&C does not leave adequate ghg emissions to allow developing nations to develop to levels that would allow them to escape grinding poverty. And so, proponents of GDR argue that any targets developed under a C&C framework will not be fair to poor nations and therefore will not be accepted by developing nations. We agree that several additional equitable issues  including the justice dimensions of historical emissions levels must be dealt with for a C&C approach to be fair to low-emitting poor countries because emissions targets simply based upon equal per capita emissions to allocate the extraordinarily small carbon budget that is left to avoid dangerous climate change will leave almost nothing for low emitting nations to grow economically. The questions is not whether these issues need to be considered in setting targets, but rather how they are considered while maintaining the moral force of equal per capita rights to use the atmosphere as a carbon sink.

The Brazilian government has also developed a proposed equity framework based upon the need to take historical emissions levels seriously. Both the proposed GDR framework and the proposed Brazilian framework more directly deal with legitimate justice issues which are not expressly initially dealt with under C&C.  Yet C&C can be adopted in combination with other agreements and adjustments to C&C assumptions that deal directly with the equitable issues more directly considered by the other proposed equity frameworks. For instance, the convergence dates in the C&C framework can be modified to take into consideration s0me historical emissions issues. In addition, separate agreements on such matters  as financing carbon friendly technologies in poor, low emitting nations can deal with issues of need to assist developing nations achieve otherwise just ghg emissions targets.

In summary, some of the alleged limitations of  C&C can be dealt in other agreements while retaining the basic structure of C&C.  And so, for the 10 reasons above, the C&C should be adopted by the international community not withstanding the legitimate need to consider other issues relevant to distributive justice in setting ghg emissions reduction targets including levels of historical emissions and financial ability of poor nations to comply with per capita emissions limitations. For this reason, C&C is the most preferable and practical equitable framework for allocating climate change obligations among governments.

References:

Baer, P., Athanasiou, T., Kartha, S., and Kemp-Benedict, E., (2008). The Greenhouse Development Rights Framework, Second Edition, November 2008. http://www.ecoequity.org/docs/TheGDRsFramework.pdf

Global Commons Institute, (GCI), ) 2010. http://www.gci.org.uk/

Meyer, A., (2000, Contraction and Convergence, The Global Solution to Climate Change, Ttones, UK: Green Books,

By:

Donald A. Brown

Scholar in Residence and Professor, Sustainability Ethics and Law and Professor, Widener University School of LawPart-time Professor, Nanjing University of Science Information and Technology, Nanjing, China

dabrown57@gmail.com

 

 

Visuallizing Why US National and US State Governments’ GHG Reductions Commitments Are Now Woefully Inadequate in Light Of Recent Science.

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Several charts produced by the Global Commons Institute vividly demonstrate the woeful inadequacy of both the US federal government’s and US states’ commitments on climate change in light of the most recent climate change science.

These charts are extremely important because there is virtually no discussion in the US press of the utter and undeniable inadequacy of commitments on climate change made by the US federal and state governments.

These charts help visualize complex information that is not well understood by the vast majority of US citizens, yet these facts  must be understood to comprehend the utter inadequacy of the US federal government and US state governments response to climate change. Thus, these charts help explain both why the US commitment to reduce its ghg emissions by 17% below 2005 as well as targets that have been set by even those US states which have shown some leadership on climate change must now be understood as utterly inadequate in light of the most recent climate change  science.

As we shall see below, in setting a government target for ghg emissions two clusters of issues need to be considered which have largely been ignored when US policy makers have set ghg emissions targets. One is the issue of global carbon budgets for the entire world needed to prevent dangerous climate change. We will call this the carbon budget issue. The second is the unquestionable need of all governments to set a target in light of that government’s fair share of safe global emissions. This is required by distributive justice. We will call this the equity or justice issue. All ghg emissions targets are implicitly a positions on the carbon budget issue and the equity and justice issue, yet policy makers rarely discuss their implicit positions on these issues and the US media is largely not covering the budget and justice issues implicit in any US policy on climate change. Any entities identifying a ghg emissions reduction target must be expected to expressly identify their assumptions about what remaining carbon budget and justice and equity consideration were made in setting the target.

I. The First Chart-US States’ Emissions Reductions Commitments Required to Prevent Dangerous Climate Change and Adjusted  To Take Equity Into Account.

The following chart depicts what US states emissions commitments should be to prevent dangerous climate change in light of the most recent climate change science and the need to take justice into account in setting ghg emissions targets. This chart can be examined in more detail on the Global Commons Institute website at http://www.gci.org.uk/images/Don_Brown_All_State_draft_[complete].pdf Clinking on this URL should access a pdf file that will allow for a closer inspection of this chart which can  be further enhanced by using the zoom function.

US states and federal reductions

What is most notable about this chart is that the US federal government and US state g0vernments will need to reduce their ghg emissions extraordinarily steeply in the next few decades, far beyond what has been committed to.  This chart, in combination with the next chart, helps visualize why the current commitments of even those US states which have demonstrated some considerable leadership on climate change need to be increased to levels that represent the state’s  fair share of safe global emissions.

a. The Carbon Budget Issue

These steep reductions commitments are needed in light of the most recent scientific understanding of the climate problem facing the world. A carbon emissions budget for the entire world is needed to prevent dangerous climate change and was identified by IPCC in 2013. This budget is of profound significance for national and state and regional ghg emissions reductions targets yet it is infrequently being discussed in global media and has virtually been completely ignored by the US media. To give the world an approximately 66% chance of keeping warming below 2 degrees C, the entire global community must work together to keep global ghg emissions from exceeding approximately 250 metric gigatons of carbon dioxide equivalent. The 250 metric gigatonne budget figure has been widely recognized as a reasonable budget goal by many scientists and organizations including most recently the International Geosphere Biosphere Program. The 250 metric ton number is based upon IPCC’s original budget number after adjusting for carbon equivalence of non-CO2 gases that have already been emitted but were not considered initially by IPCC. The practical meaning of this budget is that when the 250 gigtatons of carbon dioxide equivalent emissions have been emitted the entire world’s ghg emissions must be zero to give reasonable hope of limiting warming to the 2 degrees C. Since the world is now emitting carbon dioxide equivalent emissions at approximately 10 metric gigatons per year, the world will run out of emissions under the budget in approximately 25 years at current emissions rates. This is a daunting challenge for the world particularly in light of the fact that global emissions levels continue to increase.

A 2 degree C warming limit was agreed to by almost every nation in the world in international climate change negotiations in 2009 in Copenhagen because it is widely believed by the majority of  mainstream scientists that warming greater 2 degree C will create very harsh climate impacts for the world. In fact many scientists believe that the warming limit should be lower than 2 degree C to prevent dangerous climate change and as a result the international community has also agreed to study whether the warming limit should be lowered to 1.5 degree C. The report on whether a 1.5 degree C  warming limit should be adopted  is to be completed in 2015. In addition, some scientists, including former NASA scientist James Hansen who is now at Columbia University, believe that atmospheric concentrations are already too high and that atmospheric concentrations of ghg should actually be lowered from their current levels of approximately 400 ppm CO2 to 350 ppm CO2 to prevent dangerous climate impacts. If, of course, there is a consensus that the current warming limit should be lower than 2 degrees C, the slopes in the above chart would need to be even steeper.  (For a good introduction to the implications of the 2 degree C warming limit see the short video by International Geosphere Biosphere Programme)

Although there has been some very limited discussion of this in the US press, the staggering global challenge entailed by keeping global emission within a roughly 250  gigaton budget, not to mention a budget premised on 1.5 degrees C,  does not take into account the additional undeniable need of  high-emitting nations, states, and regional governments to take equity and distributive justice into account in setting ghg emissions reduction targets is not being covered in US media hardly at all.

b. The Justice or Equity Issue

Under any reasonable interpretation of what equity and justice requires, high-emitting nations and regions (including the United States federal government and US states) will need to reduce their ghg emissions at significantly greater rates than lower emitting government entities because of: (1) significantly higher per capita emissions in developed nations (2) the dramatically higher historical emissions of most developed countries compared to poorer countries, and (3) the need of poor countries to be able to aspire to economic growth rate that will get them out of grinding poverty. If equity is not taken into account in setting national ghg targets, poor countries will have their much lower per capita emissions levels frozen into place if national governments set targets based upon equal percentage reduction amounts. And so there are at least three very strong reasons why any target of a high emitting nation or state government must take justice into account in setting its emissions reduction target:

(1) Allocating emissions among nations to achieve a global target is inherently a problem of distributive justice. To not take justice into account in quantifying ghg emissions targets guarantees an unjust global response to climate change.

(2) All nations including the United States have already agreed to reduce their emissions based upon “equity,” not national self-interest when they ratified the United Nation Framework Convention on Climate Change.

(3) To not consider justice when a developed nation sets a ghg reduction target would be extraordinarily and obviously unfair to poor, low emitting nations, many of which are most vulnerable to the harshest climate change impacts and have done little to cause the existing problem.

The numbers in the above chart are based upon an equity framework known as Contraction and Convergence (C&C).  The C&C framework consists of reducing overall emissions of ghg to a safe levels from all nations (contraction) and each nation bringing its emissions eventually to equal per capita levels for all countries (convergence). Although justification of the C&C framework is beyond the scope of this entry, we will argue in a future article that it is the least controversial of all of the equity frameworks receiving international attention and therefore should be adopted by the international community as it can be adjusted to take other distributive justice issues into account not expressly initially considered in the C&C framework such as historical emissions and the need of poor-developing countries to grow economically. Because nations can negotiate the convergence date in the C&C framework, it is also a good tool to negotiate a global solution to climate change. It is therefore the least controversial of all of the equity frameworks under serious consideration by the international community although there are other equity frameworks that have some supporters including the Greenhouse Development Rights Framework (GDR). (We will explain our position on these issues in much more detail in a future entry.)

Yet, for the purposes of showing the utter inadequacy of existing US federal government and US state commitments, the C&C framework is very useful because other equity frameworks which have received some attention and respect in international discussions of what equity requires of nations would require even steeper reductions for the US and US state governments. For instance the GDR framework would require the US to be carbon negative by between 2025 and 2030. The C&C framework is therefore a very non-controversial way of demonstrating the utter inadequacy of developed nations ghg emissions reductions commitments because other equity frameworks would require even greater reductions from developed countries.

The above  chart demonstrates the implications of this recent science for US states as well as the inadequacy of the US federal government commitment in light of a total global budget limitation of approximately 250 gigatons of carbon equivalent emissions.. The steepness of the curves in this chart are driven both by the limitations of the 250 gigaton carbon equivalent budget and the need to take equity into account. (The Global Commons Institute has  a computer graphic tool on its web site, the Carbon Budget Accounting Tool, that allows those who would like to consider alternatives to the 250 gigaton budget to visualize the effects of other budget numbers on the shape of the ghg  reductions pathways needed, the differences in environmental impacts, and  many other policy considerations.)

Like any attempt to determine what a ghg national target should be, the above  chart makes a few assumptions, including but not limited to, about what equity requires not only of the United States but of individual states, when global emissions will peak, and what the carbon emissions budget should be to avoid dangerous climate change. Although different assumptions would lead to different slopes of the emissions reductions pathways that are needed to remain below the 250 gigaton global carbon limitation, the chart depicts very reasonable assumptions about what needs to be done to stay within the 250 gigaton carbon equivalent budget while taking equity into account. And so, without doubt the US government and US state’s targets are woefully inadequate. To stay within the 250 gigaton carbon equivalent budget, total US emissions which will be comprised of emissions from all states must achieve carbon neutrality by 2050. Even the most aggressive US state targets are woefully short of this goal. In addition most US states have no emissions reduction target at all. The US will need to achieve carbon neutrality by 2050, and this national requirement will will require US states to work together to achieve carbon neutrality. The US government could achieve the goal of reaching carbon neutrality by 2050 by relying on different approaches in different states, yet the individual states must assume they have a duty to limit their ghg emissions to levels that constitute their fair share of safe global emissions and in the absence of a federal plan that would allow them to do otherwise, states must achieve zero carbon emissions by 2050 and the above chart is a good example of what is required of them in total.

 II. The Second Chart-US States Existing Commitments Compared to an 80% Reduction By 2050. 

A few states have set ghg emissions reduction targets of 80 %  by 2050. The next chart shows the quantify of reductions that each state would need to achieve to reach an 80% reduction by 2050 although we have already established above that the most recent science would require each state to achieve carbon neutrality by 2o50.

states 80 percent

This chart can be examined in higher resolution on the Global Commons Institute website at: http://www.gci.org.uk/images/Emissions_Cuts_States_by_State.pdf

What is notable about this chart is that most US states have made no ghg emissions reductions commitments at all, only a few have made a commitment of an 80% reduction by 2050 which is still not stringent enough to meet the goal of carbon neutrality by 2050, and that some states such as Texas need to achievehuge emissions reductions if the US is going to do its fair share of staying within the 250 metric gigaton carbon equivalent budget.

III. Conclusions

These charts help visualize the enormity of the challenge facing the United States federal government and US state governments in light of the challenge facing the world as understood by the vast majority of mainstream scientists. There has been almost no coverage of this reality in the US media.

As explained above, there are two kinds of issues that need to be understood to comprehend what governments must do when setting ghg emissions targets. The first is the need to set any target in light of a total global ghg emissions limitation or budget entailed by the need to limit ghg emissions to levels that will not cause dangerous climate change. This, as we have seen,  is sometimes referred to as the carbon budget issue. The second is the need of governments to set their emissions target only after considering what distributive justice requires of them. This sometimes referred to as the equity or justice issue.  Any propose ghg emissions target must take positions on

these two clusters of issues in fact they implicitly do this. Yet government rarely explain what assumptions about the carbon budget and equity and justice issues they have made when setting their target.

By:

Donald A. Brown

Scholar In Residence and Professor,Sustainability Ethics and Law
Widener University School of Law

Part-time Professor, Nanjing University of Science and Technology, Nanjing China

dabrown57@gmail.com