Ethics and Climate

Donald Brown

Ethics and Climate - Donald Brown

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

This is a call for researchers in different nations to investigate how national debates about climate change policies have expressly considered or not ethics and justice issues in formulating climate policies. So far we have researchers who have committed to produce papers on Australia, Bangladesh, Cameroon, Canada, Chile, China, Equator, Germany, Ghana, India, Japan, Kenya, Netherlands, Nigeria, Malawi, Russia, South Africa, South Korea, Thailand, Turkey, Uganda, United Kingdom, and the 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?’, www.storebrand.com/enlightened.htm, accessed 30 January 2002

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

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

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

Additional Formatting Instructions

NOTES FOR AUTHORS AND EDITORS

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

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

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

HOW AND WHAT TO SUBMIT

 

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

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

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

TEXT PRESENTATION

GENERAL POINTS

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

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

 

HEADINGS

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

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

[a]Public policy

[b]Green taxes

[c]The EU carbon tax

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

LISTS

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

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

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

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

1 First point in a numbered list

2 Second point in a numbered list

3 Third point in a numbered list.

 

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

** First point in a bulleted list

** Second point in a bulleted list

** Third point in a bulleted list.

CAPTIONS FOR FIGURES AND TABLES

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

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

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

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

TEXT BOXES

• Do not use any special formatting for boxes.

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

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

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

NOTES

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

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

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

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

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

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

 

REFERENCES

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

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

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

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

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

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

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

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

PERMISSIONS

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

CONTENTIOUS MATERIAL

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

 

IMAGE FILES (FIGURES)

GENERAL POINTS

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

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

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

 

ELECTRONIC SPECIFICATIONS

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

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

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

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

HOUSE STYLE

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

SPELLING

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

• Use UK English rather than US English.

CAPITALIZATION

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

ACRONYMS AND ABBREVIATIONS

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

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

• Please provide a list of all acronyms and abbreviations used

BOLD AND ITALICS

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

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

• Use italics sparingly for emphasis.

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

NUMBERS AND MEASUREMENTS

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

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

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

PUNCTUATION

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

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

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

 

WEB ADDRESSES

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

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

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

 By:

Donald A. Brown

Scholar In Residence and Professor

Widener University School Of Law

dabrown57@gmail.com

 

Prue Taylor

Deputy Director

New Zealand Center for Environmental Law

University of Auckland

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

 

 

 

 

 

The Progression of Multilateral Talks on Climate Change and the Challenge of “Equity”: Notes from the UN Climate Conference in Bonn, June 2014

Editor’s Note: As the international community seeks to negotiate a new climate treaty to be completed in Paris in 2015, negotiations have been taking place during the last two weeks in Bonn, Germany as one of the sessions on the road to Paris. Today’s guest blogger, Dr. Idil Boran, from York University in Canada has submitted the following report on progress in Bonn during the first week. A central issue of concern in these negotiations is the need of nations to take equity and justice seriously when they make ghg emissions reductions commitments and when considering their responsibility for adaptation, losses and damages in poor vulnerable countries. Among close observers of the negotiations and the science informing these talks, there is widespread agreement that there is little hope of keeping warming to tolerable levels unless high-emitting nations base their emissions reductions promises on what equity would require of them.

Bonn climate DSC_1475stand_s

 The Progression of Multilateral Talks on Climate Change and the Challenge of “Equity”: Notes from the UN Climate Conference in Bonn, June 2014

The June sessions of the United Nations Framework Convention on Climate Change (UNFCCC) is taking place in Bonn, Germany, June 4-15, 2014. This is one of the “intersessional” meetings that take place at various times during the year between the meetings of the Conference of the Parties (COPs) annually held at the end of each year.

This year’s intersessional meetings are of special importance, the June session currently under way being a critical one. This is because multilateral negotiations on climate change are on a track to reach a comprehensive and legally binding agreement by the 21st session of the Conference of the Parties (COP 21), to be held in Paris at the end of 2015. But more importantly, everything to be agreed upon at COP 21 must be drafted at COP 20 the year before, that is in December 2014. It is the present intersessional meeting – taking place in June in Bonn – where the hard work needs to be done, so that all the substantive recommendations can be presented, negotiated, and drafted in Lima. In this spirit, the UN Climate Change Conference convened on June 4 with determination to achieve as much as possible before Lima.

At this point in time, the negotiations are at an important juncture. The goal for the international community is to draw lessons from the Kyoto Protocol era, and to articulate the terms of an entirely new system of cooperation for the Post-Kyoto era. In other words, the goal is to avoid the weaknesses of the Kyoto Protocol.

Given that the Kyoto Protocol was motivated by a well-defined conception of equitable distribution of responsibility, many questions arise at this juncture over how equity will be defined within the new agreement. Equity has always been central to multilateral negotiations on climate change. This makes sense for many reasons. First, climate change is expected to affect lives in important ways. Second, the way in which people’s lives will be affected is expected to be more severe in some places than others. Third, climate change is a phenomenon that is associated with human activity, which has been going on for some time and which is intertwined with economic development and growth. For these reasons alone, it becomes obvious to anyone with a sense of fairness that – to the extent that the international community is to cooperate on addressing the effects of climate change – the terms of cooperation ought to be fair.

new book description for website-1_01The terms of cooperation set by the Kyoto Protocol were devised in light of the principle of “common but differentiated responsibilities”. Given that industrialized nations are responsible for the problem of climate change, the idea was to adopt an allocation of responsibilities that requires developed nations to take up the bulk of the burden. This gave rise to roughly two categories of nations: those who are to assume the costs of curbing climate change by contrast to those who are not expected to do much. But this structure also became highly divisive and unable to generate agreement and compliance, which is desperately needed for action on climate change to be effective.

As part of the new rounds of negotiations, the UNFCCC adopted the Durban Platform for Enhanced Action at COP 17 in Durban in 2011, where negotiations were put on an ambitious track to work out the details of an entirely new international agreement by 2015. When it was first put in place, the Durban Platform did not include too many substantive decisions, for the objective was to allow the terms of international cooperation to be discussed and decided upon through negotiations from 2012 to 2015. The single prior decision that was made, however, was the rejection of the principle of “common but differentiated responsibilities” and the adoption of a principle of “universality” instead, as the central guiding principle of a post-Kyoto agreement. On this principle, all nations are to contribute to the cooperative scheme on climate change in some capacity. This shift gave the international community the opportunity to have a fresh start and to rethink the terms of cooperation on a (relatively) clean slate.

Additionally, the new international agreement under negotiation is one that is expected to have a richer composition than the Kyoto Protocol. The Kyoto Protocol was focused exclusively on mitigation through reduction of emissions. The new agreement is expected to have both a mitigation component and an adaptation component. Within the adaptation component, an International Mechanism on Loss and Damage associated with climate change impacts in developing countries vulnerable to the effects of climate change is being negotiated as well. This is an entirely novel issue under negotiations, and one with important implications for the philosophical, legal, and ethical aspects of international cooperation. In short, this broader range of issues adds significant dimension to the talks. The principle of “universality” may well be more suitable for this new round of negotiations, as the allocation of responsibility may need to be customized to each specific issue.

Contrary to what might seem at first blush, the principle of “universality” need not require every nation to assume exactly the same amount of costs and responsibilities for a given issue. So far, no one has suggested that. Negotiators are discussing how to achieve equitable conditions within a system of cooperation for each issue. Take the discussions on the Warsaw International Mechanism on Loss and Damage, adopted recently in Warsaw in November 2013. As the issue is still in its earlier stages, the discussions are mostly over procedural matters at this point. But the question of equity arises nevertheless, and remains a central concern. For example, representatives of countries that are particularly vulnerable to the threat of loss and damage associated with the adverse effects of climate change, such as the members of the Alliance of Small Island States (AOSIS), want to see greater representation of these countries in the decision-making body. There is an equity argument that motivates this request. A competing argument is that the advisory and decision-making bodies on this matter will secure more appropriate decisions if they are composed of members with the appropriate expertise, which may or may not align with regional or national affiliations. This argument, which is also motivated by a sense of justice, suggests that the expert-based composition will be conducive to decisions that would maximize the benefits to those whose interests are at stake.

How the discussions will unfold is yet to be seen, but the general parameters of the negotiations are such that equitable terms are to be discussed and tailored. The concept of “equity” is neither a monolithic nor an inert concept. It often needs to be formulated from within the concrete circumstances that make it relevant. Sometimes, equitable conditions devised for specific circumstances can become obsolete if circumstances change, and may need to be rethought and reformulated. Seen in this way, equity is not lost in this new round of negotiations, it is being worked out as new issues arise. Since any decision coming out of these negotiations will set precedents for future debates on international relations, it is important that the international community take the time to think through, and to carefully consider various (and sometimes conflicting) arguments, leaving no stone unturned.

The advantage of the present round of negotiations is that there is a general motivation to advance the debates in a productive way, and to reach a genuinely effective and mutually acceptable agreement. How the talks will unfold in the second week of the June session at the UNFCCC will set the tone for the Conference of the Parties (COP 20) in Lima. And for anyone interested in the philosophical, legal, and ethical dimensions of public policy and international cooperation, a close examination of the dynamics of the negotiations is worthwhile.

 By:

Idil Boran.

Associate Professor &

Director of the Certificate Program in Practical Ethics

Department of Philosophy, Faculty of Liberal Arts and Professional Studies

York University

Toronto Ontario, Canada

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

ipcc_postcard

jutice climate

 

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

 

 

A Picture To Help Citizens Understand the Justice and Equity Issues That Must Be Faced in Setting National GHG Emissions Targets.

 All nations, when they set national ghg emissions reductions targets, are implicitly taking a position on the following two civilization challenging ethical issues. The international community should require that all nations explicitly explain their positions on these two issues.

Bathtub revised 1pptx

Every national ghg emissions reduction target is implicitly a position on the two above civilization challenging ethical issues, although nations almost never identify the positions they have taken on these issues nor acknowledge that these are ethical matters. These issues are: (1) a ghg atmospheric concentration stabilization goal, and (2) the nation’s fair share of global ghg emissions that will achieve the atmospheric goal.  This picture seeks to help citizens understand these issues. Both of these issues are essentially ethical and moral issues.  This is so because in taking a position on an ghg atmospheric stabilization goal, a nation is determining how much harm it is willing to inflict on hundreds of millions of poor vulnerable people around the world and the ecological systems on which life depends. Also, in specifying a ghg emissions reduction amount, the nation is also taking a position on what distributive justice requires of it to reduce global ghg emissions to safe levels.

Governments should be required to explain their positions on these issues because every national ghg emissions reduction target is implicitly a position on these ethical questions.

By:

Donald A. Brown

Scholar In Residence and Professor,

Widener University School of Law

dabrown57@gmail.com

 

 

 

 

IPCC, Ethics, and Climate Change: Will IPCC’s Latest Report Transform How National Climate Change Policies Are Justified?

IPCC on certainty of human causations images

 

I. Introduction

The international press has widely reported recently on some of the most dire conclusions of the 5th Assessment Report (AR5) of the Intergovernmental Panel on Climate Change (IPCC). These warnings have included that the world is running out of time to prevent dangerous climate change and that rapid and unprecedented cooperation among countries is urgently needed to avoid climate catastrophe. Yet, there has been little media coverage of an enormously important topic that is sprinkled throughout the recent Working Group III report as well as being the major focus of two new chapters largely dedicated to the topic. This is the issue of the extent to which national responses to climate change must be consistent with obligations entailed by ethics and justice rather than economic rationality and self-interest alone; matters which have profound practical significance for the acceptability of national climate change policies.

Given that most nations have been setting national ghg reduction targets on the basis of national economic interest rather than global ethical obligations, if the new IPCC chapters, one on ethics and a second one on equity in the IPCC Working Group III  report, are taken seriously by governments, this could transform national responses to climate change. These chapters should also be of value to civil society in criticizing inadequate national ghg emissions reductions commitments.

This is the first in a multi-part series that will examine the ethical and justice issues embedded in and raised by the recent IPCC reports.

Although this series will conclude that the recent IPCC AR 5 Working Group III report is laudable for more clearly identifying ethical issues with the ways governments, some international organizations, and NGOs  have often discussed, debated, and made recommendations on climate change policies, the series will also make some criticisms of how IPCC has articulated the significance of the ethical, justice, and equity issues entailed by climate change.

As we have explained frequently in EthicsandClimate.org, climate change is a problem that has unique features that demand that it be understood essentially and fundamentally as a civilization challenging moral problem. These features include the fact that human-induced warming is a problem that: (1) is being caused mostly by high-emitting nations, peoples, and entities that are putting low emitting nations and peoples at greatest risk who are often among the world’s poorest nations and people and who have done little to cause the problem, (2) the harms to those most vulnerable to climate change are not mere inconveniences but are often existential threats to life and the ecological systems on which life depends, and (3) those most vulnerable to climate changes’ harshest impacts can often do little to protect themselves from climate change’s harshest impacts. In fact, the victims’  best hope is that high-emitting nations and peoples will see that they have duties and responsibilities to climate change’s victims to greatly reduce their ghg emissions.

We have also frequently explained why an understanding of the moral and ethical dimensions of climate change has extraordinarily important practical significance for climate change policy formation particularly in regard to: (1) setting national ghg emissions reduction targets, (2) taking a position on adequate greenhouse gas (ghg) atmospheric concentrations, (3) determining who should be responsible for paying the costs of necessary adaptation and compensating those who suffer climate change damages, and, (4) deciding who should participate in decisions on proposed climate change policies that must be made in the face of some uncertainty about climate change impacts.

II. IPCC and Ethics, Justice, and Equity

In its first four assessments in 1990, 1995, 2001, and 2007, IPCC  relied almost exclusively on economic analysis of policy alternatives, rather than ethics and justice, in its guidance to policy-makers on how to develop climate law and policy.  In fact, in this regard, the AR 5 in the new chapter on the Social, Economic, and Ethical Concepts, IPCC admits expressly that in prior IPCC Reports “ethics has received less attention than economics, although aspects of both are covered in AR2. (IPCC, AR5, Working Group III, Chapter 3, pg. 10)  Yet the treatment of ethics in IPCC Working Group III in AR2, is hardly a serious consideration of the implications of ethical and justice principles that should guide climate change policy because the vast majority of text in this report is focused on traditional economic analysis which assumes that climate policy should maximize efficiency rather than assign responsibility for reducing the threat of climate change, allocate emissions reductions among nations, determine who should pay for needed adaptation or compensate victims for  climate damages on the basis of ethical principles. In fact, the AR2 report includes many statements that would lead policy-makers to conclude that it is perfectly permissible to determine the amount of ghg emissions reductions any nation should be required to achieve solely on economic considerations. For instance, AR 2 says expressly that: “there is no inherent conflict between economics and most conceptions of equity.” (IPCC, 1995,  AR2, Working Goup III, pg. 87) Moreover. any fair reading of prior IPCC reports would conclude that policymakers were encouraged by IPCC to base policy on economic considerations such as those determined in cost-benefit analyses.

In light of this, the tendencies of national governments to adopt climate change policies on the basis of economic considerations that frequently ignore ethical obligations to those most vulnerable to climate change impacts is not surprising.  In fact, a strong case can be made that the IPCC in its first four assessment reports failed to adequately identify ethics and justice principles that should guide the formation of national climate change policy.

In this respect, AR5 contains some important breaks from the past. For instance, the new chapter on Social, Economic, and Ethical Concepts says:

  • How should the burden of mitigating climate change should be divided among countries? It raises difficult questions of fairness, and rights, all of which are in the sphere of ethics. (IPCC, 2014.WG III, Ch. 3, pg. 11)
  • Indeed, ethical judgements of value underlie almost every decision that is connected with climate change, including decisions by public, and private organizations, governments, and groupings of governments.  (IPCC, 2014, AR5, WG III, Ch. 3, pg. 11)
  • If justice requires that a person should not be treated in a particular way–uprooted by her home by climate change, for example –than the person has a right not to be treated that way. (IPCC, 2014, AR5, WG III, Ch. 3, pg. 11)
  • 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)

In addition, the Working Group III AR5 report also has a new chapter on Sustainable Development and Equity which also contains a number  of conclusions that have important ethical and justice implications. They include:

  • Conventional climate policy analysis that is based too narrowly on traditional utilitarian or cost-benefit frameworks will neglect critical equity issues. These oversights include human rights implications and moral imperatives; the distribution of costs and benefits of a given set of policies, and the further distributional inequities that arise when the poor have limited scope to influence policies. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 8)
  • Given the disparities evident in consumption patterns, the distributional implications of climate response strategies are critically important. (IPCC, 2014, AR5,WG III, Ch. 4, pg. 9)
  • [I]t is morally proper to allocate burdens associated with our common global climate challenge according to ethical principles. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 16)
  • Equitable burden sharing will be necessary if the climate change challenge is effectively met. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 16)
  • [T]he eventual effectiveness of a collective action regime may hinge on equitable burden sharing, the absence of actors who are powerful enough to coercively impose their preferred burden sharing arrangements, the inapplicability of standard utilitarian methods of calculating costs and benefits, and the fact that regime effectiveness depends on long-term commitments of members to implement its terms. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 17)
  • 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)
  • 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)
  • [T]here is now a consensus that methods of cost-benefit analysis that simply add up monetary-equivalent gains and issues are consistent and applicable only under very specific assumptions…which are empirically dubious and ethically controversial. (IPCC, 2014, AR5, WG III, Ch. 4, pg. 54)

And so the new AR5 IPCC Working Group III report by including statements which conclude that self-interested economic justifications for national climate change policies are ethically problematic is both a profound shift from prior IPCC guidance on how nations should set climate change policies and could form the basis for strong criticisms of national ghg emissions reductions commitments.

In addition to the above provisions, the IPCC AR5 Working Group III report examines throughout the report many other climate change policy issues that raise important ethical questions. Sometimes the IPCC treatment of the ethical dimensions of these issues is acceptable and other times inadequate.

These other issues include: (a) an acceptable basis for burden sharing by nations to limit warming to tolerable levels, (b) temperature levels that could trigger abrupt climate change, (c) the unique vulnerability to climate change impacts of many of the world’s poorest people, (e) whether national ghg emissions reductions targets should be set on the basis of ghg emissions released within a national territory or on the basis of products consumed in that nation which have embedded ghgs created by their manufacture in other places, (f) the fact that extraordinary degrees of irreversible damage and harm from climate change are now distinct possibilities, (g) various frameworks for equitable burden sharing, (h) gross disparities in per capita emissions around the world, (i) whether national ghg emissions targets should be legally binding, (j) various issues entailed by a growing number of climate refugees, (k) fairness issues by nations that seek to create boarder adjustments or monetary penalties on nations that have no comparable emissions reductions targets, (l) funding for adaptation and damages in poor vulnerable nations, (m) the role of trading flexibility mechanisms in an international climate regime, (n) the remaining global ghg emissions  budget that all nations must live within to prevent dangerous climate change, and (o) the human rights implications of national climate policies.

We will explain in future entries in this series that how IPCC has handled the ethical issues entailed by these issues has sometimes been unacceptable or incomplete despite being improvements from prior IPCC reports.

nw book advOne common problem with IPCC’s treatment of the ethical dimensions of climate change policy making is that the text often leaves the impression that while policymakers should consider ethical questions in developing climate change policies they are free to ignore what ethics requires of nations. Particularly in some places, the text does not adequately communicate that were strong ethical duties for nations to not greatly harm others or the ecological systems on which life depends exist, they are not free to follow national economic self-interest in setting climate change policies. The text often reads as if ethics is an optional consideration along with economic self-interest when formulating climate policy.  We will examine this problem in more detail in future entries on this subject on this site.

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/

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener University School of Law

Contributing Author, IPCC, Working Group III, Chapter 4

dabrown57@gmail.com

 

 

 

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

climate  change moral

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

 

 

Why the US Academy of Science and the Royal Academy’s Easy To Understand Report On Climate Change Science Has Ethical Significance

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The National Academy of Sciences and its British counterpart, the Royal Society, have published  Climate Change: Evidence and Causes, a very easy to understand primer on the science of greenhouse-driven global warming. Although there is not a lot new in this report as a matter of science, it makes the strong scientific consensus on human-induced climate change that has existed for some time clearer and more accessible for non-scientists particularly on the major issues that need to be understood by policy-makers and interested citizens.  The report is written in simple language and filled with pictures and graphs which illustrate why almost all mainstream scientists actually engaged in climate change science are virtually certain that human activity is causing very dangerous climate change.

This report is ethically significant because:

a. It is a report of two of the most prestigious scientific institutions in the world, namely US National Academy of Sciences and the British Royal Society. Because of the prestige of both of the institutions writing this report, those opposing actual climate change have an ethical duty to acknowledge that the scientific basis supporting action on climate change is entitled to respect. They cannot reasonably claim that there is no strong scientific basis for policy action on climate change or even worse that climate change science is a “hoax.”  Which institutions have made claims that humans are engaged in dangerous behavior has ethical significance. If, for instance, someone is told by an expert in toxicology that chemicals he or she is discharging into a water supply will kill people, he or she has more of an ethical duty to stop discharging the chemicals until the issue of toxicology issues are resolved than they would if the claim about poisoning came from a religious leader or a tax accountant. When claims about danger are made by world-class scientific experts, as a matter of ethics, the burden of proof shifts to those potentially harming others to show that their behavior is not dangerous.

Skepticism in climate science should still be encouraged, but skeptics must play by the rules of science including: (a)  subjecting all claims contradicting the mainstream scientific view on climate change to peer-review, (b) subjecting claims that humans are not causing dangerous climate impacts to review by scientific institutions that have sufficient broad interdisciplinary expertise among its members to review such claims against all the contrary evidence from all relevant scientific disciplines, and (c) acknowledging all the contradictory evidence. Given the enormity of harms to citizens around the world and future generations predicted by mainstream scientists, those who seek to undermine proposed climate change policies on scientific certainty grounds should be understood to have the burden of proof to show by high levels of proof that human-induced climate change is not dangerous.

b. The report includes clear explanations of the scientific evidence in regard to specific justifications for not taking action on climate change very frequently made by those who oppose climate change policies. These justifications and responses to them include, for instance:

Justification 1

Scientists don’t know that recent climate change is largely caused by human activities?

Report says:

Scientists know that recent climate change is largely caused by human activities from an understanding of basic physics, comparing observations with models, and fingerprinting the detailed patterns of climate change caused by different human and natural influences.

Direct measurements of CO₂ in the atmosphere and in air trapped in ice show that atmospheric CO₂ increased by about 40 percent from 1800 to 2012. Measurements of different forms of carbon reveal that this increase is because of human activities.

Justification 2

The recent slowdown of warming means that climate change is no longer happening?

Report says:

No, recent weather is not evidence that warming is not happening. Since the very warm year 1998 that followed the strong 1997-1998 El Niño, the increase in average surface temperature has slowed relative to the previous decade of rapid temperature increases. Despite the slower rate of warming, the 2000s were warmer than the 1990s. A short-term slowdown in the warming of Earth’s surface does not invalidate our understanding of long-term changes in global temperature.

Justification 3

CO₂ is already in the atmosphere naturally, and so human emissions are not significant.

Report says:

Human activities have significantly disturbed the natural carbon cycle by extracting long-buried fossil fuels and burning them for energy, thus releasing CO₂ into the atmosphere.

 Justification 4

Variations in output from the sun have caused the changes in the Earth’s climate in recent decades.

Report says:

The sun provides the primary source of energy driving Earth’s climate system, but its variations have played very little role in the climate-changes observed in recent decades. Direct satellite measurements since the late 1970s show no net increase in the sun’s output while, at the same time, global surface temperatures have increased.

Justification 5

If the world is actually warming, some recent winters and summers would not have been so  cold?

Report says:

Global warming is a long-term trend, but that does not mean that every year will be warmer than the previous one. Day-to-day and year-to-year changes in weather patterns will continue to produce some unusually cold days and nights, and winters and summers, even as the climate warms.

Justification 6

A few degrees of warming is not cause for concern.

Report says:

Even though an increase of a few degrees in global average temperature does not sound like much, global average temperature during the last ice age was only about 4°C to 5°C (7 °F to 9 °F) colder than now. Global warming of just a few degrees will be associated with widespread changes in regional and local temperature and precipitation, as well as with increases in some types of extreme weather events.

These are only a few of the justifications that have been made by those denying responsibility to reduce the threat of climate change that are directly and clearly refuted in the report.

c. The report also has ethical significance because its so clear that policy makers cannot reasonably claim that there is no scientific evidence about the major issues of concern to the climate change scientific community. As we have explained on this website, policy-makers may not, as a matter of ethics, rely on their own uninformed opinion about climate change  science once they are informed by respectable scientific organizations that people and organizations  within their jurisdiction are likely harming others around the world. This responsibility to not rely upon their own uninformed opinions increases when there are easy to understand explanations from respected scientific institutions of the scientific basis for concluding that people within their jurisdiction are harming others. The new report from the US Academy of Sciences and the Royal Society is such a clear explanation.  And so government officials have a strong duty to go beyond their own uninformed opinion about whether humans are causing dangerous climate change. They must justify their refusal to act on strong, peer-reviewed scientific evidence that is accepted by mainstream scientific institutions that have the breadth of expertise to consider the interdisciplinary scientific issues that make up climate change science.

nw book advd.  Because politicians have an affirmative duty to rely upon mainstream scientific views in regard to human activities that could cause great harm until peer-reviewed science establishes that the mainstream view is erroneous, the press has a journalistic duty to help citizens understand the limitations of any politician’s views that opposes action on climate change on scientific grounds particularly when there are  easy to understand explanations of climate change science such as that in the new US National Academy and Royal Academy report. The new report will enable the press to fulfill its journalistic responsibilities by asking more precise and clearer questions of those who deny the mainstream scientific view.

For these reasons, the new report is ethically significant.

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. 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

 

 

“Rebirth Of the Sacred”: Responses to the Dysfunctional Economic and Political Systems Responsible For Global Environmental Crises

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Because of the global scale and deepening urgency of  problems like climate change, there is a growing consensus among many hard and behavioral scientists, ethicists, and international lawyers that there is a need for massive changes in the political, economic, and social systems that are the current dominant ideological frameworks for coordinating human behavior on Earth.

Rebirth of the Sacred,” a new book by Robert Nadeau, includes important deeply interdisciplinary analyses of the causes of the human failures to protect the global environment ending with a call for a new synthesis of science, ethics, and religion that would form the basis for a world-wide social movement.

The book not only includes trenchant analyses of why current global economic and political systems are dysfunctional, it also contains very valuable explorations of many findings of contemporary physics, biology, and brain science which could form the basis of  a new deeper understanding of the fact that all people around the world are part of one human community dependent upon the global environment. And so the book not only helps explain what is wrong with human affairs at a time of growing global environmental crises, it points to a way forward.

The book makes a very compelling argument about why neoclassical economic theory which is now dominating public policy prescriptions globally is based upon obsolete and scientifically disproven assumptions of 18th Century physics. As we have written about extensively on this website, there are numerous serious ethical problems with most economic analyses of climate change policy options which are based upon neoclassical economic assumptions.  This new book, however, demonstrates that the neoclassical economic theory which both dominates global economic policy and often undermines climate change policy-making is not only deeply ethically flawed but also scientifically discredited. Thus the book’s explanation of the scientifically problematic assumptions of neoclassical economics is a valuable contribution to generating a better global understanding of what is wrong with the economic discourses that continue to be enormously influential in global affairs. For instance, the book explains why the widely held assumption that global markets, with a few minor government interventions, will solve pressing human problems is scientifically unsupportable.

Of particular value is the book’s explanation of recent brain science’s understanding of links between brain structure and human morality. In this regard the book concludes as follows which I now quote directly because of its potential importance:

There is now a growing consensus in both the hard and behavioral sciences that the human capacity to engage in spontaneous moral behavior is a product of evolution and is innate. And research in the behavioral sciences strongly suggest that the moral concepts and emotions associated with this behavior are universal in spite of the differences in standards for ethical behavior in diverse cultural contexts. For example, anthropologists Donald Brown (no relation to me) has compiled an impressively long list of these universal moral concepts and emotions, which includes distinctions between right and wrong; empathy; fairness; rights and obligations; prohibitions against murder, rape and other forms of violence; shame; taboos; and sanctions for wrongs against the community.

Studies done by anthropologists in existing hunter-gatherer tribes display a strong belief in fairness and reciprocity, a great capacity for empathy and impulse control, and a pronounced willingness to work cooperatively for the good of the entire community. And numerous studies done on both children and adults living in highly industrialized Western countries have revealed that a violation of the expectation that others will display a sense of fairness evokes feedbacks from the limbic system associated with outrage and indignation.

(Nadeau, 2013: 33)

nw book advAnd so the book argues that there are some moral universals which are consistent with scientific understanding of how the brain works and which can be appealed to to guide global behavior on serious global problems like climate change.

The book also describes important insights from brain science about the evolutionary development of some common universal moral responses by explaining differences in the brain structure that are responsible for nonverbal, spontaneous moral behavior triggered by mirror neurons and verbal, analytical responses to moral problems initiated in other parts of the brain. This distinction helps explain why some feelings of sympathy for others is felt at a deep level before rational cognition is experienced.

All of this is extraordinarily important for climate change ethics because it provides a scientific basis for the hope that appeals to morality and ethics can lead eventually to policy on climate change that is fair and just. That is, if these moral universals exist, then they can be used authoritatively to help people around the world see what is wrong with the dominant economic and political systems which are now structuring responses to global issues including climate change. This is extremely important because the dominant economic frames prescribing public policy outcomes pretend to be “value-neutral,” that is simply factual descriptions of the way the world works. To build social movements that change these frames, citizens around the world need to understand how these frames violate widely held ethical and moral values. For instance, the widely used justification for support of the existing global order is that markets will always lead to the best policy outcomes, yet not only is this claim dubious on scientific grounds as explained in this book, because unfettered markets can lead to  unfair and unjust outcomes which are inconsistent with universally held ethical beliefs, an appeal to ethics and justice has the potential to generate wide-spread social opposition to using market ideology to solve serious global  problems. If there is universal consensus on some moral issues, then generating wider understanding of how dominant discourses prevent attainment of these ethical and moral goals is a potent strategy for social change.

The book ends with a call for a new conversation between religion and science on the world’s most dangerous issues, a conversation in which religious sensibilities do not conflict with a scientific understanding of the evolution of the cosmos or moral sensibilities now understood by brain science. Yet an argument can be made that the first order problem is to achieve greater understanding of the moral bankruptcy of the dominant economic and political discourses which are leading to the current global crises. If this is true, all sectors of society, including religion and science, must help people understand how dominant economic and political discourses lead to ethically bankrupt outcomes.

Rebirth of the Sacred contains important insights about why dominant economic and political discourses lead to current global environmental crisis.  Yet the best hope for changing the status quo may be if people armed with this understanding help others see why the status quo is morally bankrupt.

Reference:

Nadeau, Robert, 2013, Rebirth of the Sacred, Oxford University Press, Oxford, New York.

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law and Professor,

Widener University School of Law

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

Nanjing, China

dabrown57@gmail.com

 

 

 

Widely Unrecognized Benefits of a Human Rights Approach To Climate Change, Part II in A Series.

 

human-rights-for-allhuman rights and climate change

 

I. Introduction

This is the second in a series of articles looking at the potential of human rights law to reduce the threat of climate change. The first few entries in this series summarize the main conclusions of a growing literature on human rights and climate change.  Later entries will discuss other benefits of a human rights approach to climate change which have not been widely discussed in existing literature on climate change and human rights.

This entry will look at several features of human rights that are relevant to any human rights that are violated by climate change. As we explained in the last entry there are at least three core human rights that climate change violates. They are rights to life, health, and subsisdence. As we shall see later in this series, there are other human rights which have been widely acknowledged by most of the countries in the world that are also are violated by climate change.  However it is only necessary to show that climate change interferes with the above uncontroversial core human rights to understand the potential of human rights law to reduce the threat of climate change. This post now reviews some features of human rights law that could help reduce the threat of climate change if climate change is viewed as a human rights problem.

II. Some General Features of Human Rights Relevant To Climate Change

new book description for website-1_01The following are features of human rights that are relevant to an  understanding of why a human rights approach to climate change could be an important tool to reduce the threat of climate change.

Individual human rights are widely acknowledged to be derived from the idea that all human beings should be treated with dignity and respect. Furthermore, if one assumes that each and every individual person is entitled to respect and dignity, the human rights which have been widely acknowledged by most of the nations of the world are simply deductions from the obligation to treat every human being with respect.

The Universal Declaration of Human Rights (UDHR) adopted by the international community in 1948 begins with the following in the Preamble:

  • Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.
  • Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

(UDHR, 1948: Preamble)

And so human rights are understood to apply to all people. Furthermore, governments have a duty to protect all citizens’ rights by law.  This duty is understood to impose a responsibility for nations to adopt laws to protect human rights. If climate change is violating human rights, therefore, nations have duties to pass laws to prevent climate change. The duty to do this does not depend upon prior law. The duty precedes legislative action.

Article One of the UDHR reinforces the idea that human rights should apply to all human beings because each human being is equal in dignity and rights. It says:

  • All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. (UDHR, 1048: Article 1)

The duty to protect the human rights of citizens does not depend upon the nationality of citizens, nor other characteristics of citizens. Article 2 of the UDHR provides:

  •  Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. (UDHR, 1948: Article 2)

Article 3 of the UDHR makes it clear that the basic rights to life and security, rights which are clearly violated by climate change, apply to all human beings no mater where they are:

  •  Everyone has the right to life, liberty and security of person.  (UDHR, 1948: Article 3)

That human rights exist prior to legislative action that creates them has been grounded in several philosophical ethical traditions including, for instance, natural law theories, the deontological theories of Kant and others, some utilitarian or consequentialists theories such as the theory of Johan Steward Mills, and  theories of justice derived from fair process including John Rawls’s theory of justice as  fair process. (Moecki, et al., 2010)

And so human rights are often claimed to be self-evident truths discoverable by reason. Therefore there is no need for government legislative action to claim that governments have a duty to take action to prevent threats to life, food security, and human health from climate change.

Many of the human rights that have now been widely acknowledged as binding obligations of states to their citizens have been recognized for hundreds of years including in documents such as the Magna Carta in Great Britain in 1215, the English Bill of Rights in 1689, the French Declaration on the Rights  of Man in 1789, the US Bill of Rights in 1791, the United Nations Charter in 1945. Since the Universal Declaration on Human Rights was adopted in  1948 numerous  international and regional treaties on human rights have been adopted around the world.

And so most of the human rights violated by climate change have been acknowledged to be binding on governments for a very long time.  Because of this, a strong argument can be made that once climate change science had concluded that human activities causing climate change were threatening  human lives, health, and food security, nations and others causing climate change had a duty to take action to reduce the threat of climate change despite the absence of a treaty or other consensually arrived at international agreement that would require them to reduce ghg emissions.

According to human rights law all rights have: (a) a right-holder, usually a citizen , that is the party who has the right, (b) an object, or what the right is, and (c) an addressee, the party who must make the right available. (Moecki,et al., 2010)

For human rights violated by climate change, the right-holder is all citizens whose rights are being violated, the addressee is the nation or other government entity, courts, or legislatures, and the object is the rights to life, health, and sustainable food among other human rights infringed by climate change.

Human rights are understood to be the solemn promises of nations to citizens  to which they are already bound. And so nations already have obligations to individuals to prevent climate change from violating their human rights.

Human rights obligations are understood to include the duty to respect human rights, to protect citizens from human rights violations, and the duty to fulfill human rights enjoyment.

The duty to protect requires governments to protect citizens not only from the acts of the government that would deprive citizens of human rights but also to protect citizens from the climate change causing activities of entities within the nation’s jurisdiction. And so, under a human rights approach to climate change nations have a duty to take action to prevent high emitting entities within their jurisdiction to reduce their ghg emissions.

The duty to fulfill means that nations must enact laws that are necessary to assure that citizens will enjoy human rights. Therefore governments have duties to pass laws on climate change that will assure that all citizens enjoy the free and full exercise of their rights.

III. References:

Moeckli, D., S.  Shah, & S. Sivakumaran, 2010, International Human Rights Law, Oxford University Press, New York and Oxford.

Universal Declaration On Human Rights (UDHR), 1948, http://www.un.org/en/documents/udhr/

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law and Professor

Widener University School of Law

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

dabrown57@gmail.com