Ethics and Climate

Donald Brown

Ethics and Climate - Donald Brown

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.

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 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

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

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

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

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

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

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

 

 By: 

Donald A. Brown

Scholar In Residence and Professor

Widener University School of Law

dabrown57@gmail.com

 

 

 

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

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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

 

 

 

Crimes against Humanity:The Genocidal Campaign of the Climate Change Contrarians

Editor’s Note: The lead author of the following article on the climate contrarians is Dr. Robert Nadeau, Professor Emeritus, George Mason University.  I am a minor contributing author. This article continues a series of 15 previous articles on the “Climate Change Disinformation Campaign”  that can be found under that topic in the Index on this website. 

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 Crimes Against Humanity: The Genocidal Campaign of the Climate Change Contrarians.

When scientists make presentations at meetings or conferences on the existing and projected impacts of climate change, they describe in jargon laden language and in emotionally neutral terms what their research has revealed about these impacts. But during informal conversations over a few beers during the evening or late at night, these scientists no longer feel obliged to divorce their scientific heads from their human hearts. On these occasions, they use colorful and often profane language to express their disdain and contempt for the small number of scientists known as global warming skeptics who are well compensated by conservative think tanks for misinterpreting and abusing scientific knowledge.

The scientists involved in these conversations also vent their anger toward the oil and energy companies that sponsor massive disinformation campaigns on radio and television designed to convince Americans that their security, peace and economic well-being are utterly dependent on the consumption of increasing amounts of “clean and plentiful” fossil fuels. They say unkind things about the mangers of the American news media for running endless stories about the human suffering and financial losses caused by extreme weather events and saying nothing about the fact that climate change is contributing to the frequency and intensity of these events. But if the conversation goes on long enough and the hour is late, one or more of these scientists will say what the others firmly believe but are reluctant to admit—the fate of the Earth is sealed by the ignorance, lack of compassion, and inexhaustible greed of its human inhabitants and life on this planet for our children and grandchildren will be little more than a brutal struggle for survival.

The reasons why these empirically oriented rational thinkers have come to this dire conclusion are abundantly obvious in recent scientific research on the existing and projected impacts of climate change. This research has not only shown that massive reductions in worldwide emissions of greenhouse gases over the next two decades will be required to prevent the most disastrous impacts of climate change. It has also revealed that if we fail, as now seems likely, to accomplish this feat, there is a high probability that life on this planet for our children and grandchildren will be little more than a brutal struggle for survival. (Hansen et al. 2013) But as the scientists involved in the late night conversations know all too well, this research is largely ignored by the mainstream media, rarely discussed by political leaders and economic planners, and conspicuously missing in the rancorous public debate about climate change.

The usual explanation why this insane situation exists, as climate scientist Michael Mann put it in a recent article in the New York Times, is that there is a “violent strain of anti-science” in this country which “infects the halls of Congress, the pages of leading newspapers and what we see on television.” (Mann, 2014) What Mann did not say in this article but knows very well is that the primary source of this infection is the well-financed, highly coordinated, and very effective campaign of the climate change contrarians.

The Campaign of the Climate Change Contrarians

This campaign began in the 1980s when some of the same scientists that had been paid by the tobacco industry to challenge the scientific evidence that smoking is harmful to human health were hired by oil and energy companies to challenge the scientific evidence about climate change. (Oreskes and Conway, 2010) The campaign greatly expanded during the 1990s after some increasingly vocal scientists warned that the threats of climate change were menacingly real and government must regulate emissions of greenhouse gases. (Pooley, 2014) The intent of the new coalition of free market think tanks, corporations, right wing conservatives, and billionaires with vested interests in the fossil fuel business was to accomplish one mayor objective. The objective was to convince the American electorate, along with their representatives in government, that there is no scientific basis for believing that climate change is a serious problem caused by human activities.

The phrase that best describes how this case was made on advertisements on radio and television, conservative talk shows, op-eds in major newspapers and magazines, and in the allegedly expert testimony of a small number of “contrarian” scientists is “Big Lie.” The phrase was originally coined by Adolf Hitler in “Mein Kamp” to describe a lie so colossal that is impossible to believe that someone “could have the impudence to distort the truth so famously.” George Orwell later appropriated the phrase in Nineteen Eighty Four and redefined it to mean “to tell deliberate lies while believing in them, to forget any fact that has become inconvenient.”

Orwell also said that the tellers of Big Lies were capable of holding two contradictory truths in mind and believing in both of them. For example, the climate change contrarians repeatedly and earnestly claimed that they were great lovers of science, had enormous respect for scientists, and were only concerned about the uncertainties and lack of scientific rigor in climate science. And yet they launched a full scale attack on the personal and intellectual integrity of climate scientists, did everything possible to destroy their reputations and end their careers, and completely misrepresented and distorted their scientific research.

For example, the campaign launched a full scale assault on climate scientists associated with the Intergovernmental Panel on Climate Change (IPPC) at the University of East Anglia in 2009 after their emails were hacked and widely distributed over the internet. Some of the emails in this “private” correspondence contained unkind words about research done by scientists in the employ of the petroleum industry and others contained statements that could be interpreted out of context as suppressing this research. But in the view of the climate change contrarians, these comments constituted sufficient evidence to charge all IPCC scientists with everything from professional misconduct to engaging in a conspiracy to suppress scientific research that was not in accord with their ideological and political agendas.

Also consider what occurred after two climate change contrarians claimed that IPPC scientists made two scientifically inaccurate predictions about the environmental impacts of global warming in their 2007 report. One of these predictions, the Himalayan glaciers would disappear by 2035, was made in a 738 page working paper and did not appear in the 2007 report. The other prediction about crop failures in North Africa did appear in the background information section of the 3,000 page report but had no bearing whatsoever on the conclusions drawn. Nevertheless, the lawyers for the prosecution in the campaign of the climate change contrarians accused the IPCC scientists of committing fraud and coined the term “climategate” to refer to an alleged conspiracy to cover up or suppress the truth about climate change.

The ability of the climate change contrarians to hold two contradictory truths in mind and believing in both of them was also apparent in an email written by Republican spin doctor Frank Lutz to the Bush administration in 2002: “The scientific debate is closing against us but not yet closed. There is still a window of opportunity to challenge the science. Voters believe that there is no consensus about global warming within the scientific community. Should the public come to believe the scientific issues are settled, their views will change accordingly. Therefore, you need to make the lack of scientific certainty a primary issue in the debate.” (Lutz, 2007)

During the years that followed, the campaign of the climate change contrarians realized this goal by contributing large sums to conservative think tanks and political action groups, funding institutes that produced studies which claimed that there was no scientific consensus about climate change, and lavishly compensating allegedly “independent” scientists who were willing to testify that this claim was valid before Congressional committees. The campaign also used its resources to generate numerous economic analyses which allegedly revealed that any attempts by government to curb emissions of greenhouse gases would have a devastating impact on the American economy. (Broder, 2010)

American Legislative Exchange Council

The unacknowledged legislators of the climate change agenda in the United States are members of an organization known as the American Legislative Exchange Council (ALEC). According to the ALEC website, this organization is committed to “Jeffersonian principles of free markets, limited government, federalism, and individual liberty” and “works to advance fundamental principles of free-enterprise, limited government and federalism at the state level through a nonpartisan public-partnership of America’s state legislators, members of the private sector and the general public.” (ALEC, 2014) What the website does not say is that ALEC provides a forum for corporations to collaborate with members of state legislatures to create model bills which the legislators will later introduce and lobby for in their own legislature. The website also fails to mention that the model legislation is almost entirely written by the corporations and introduced by the legislators without any mention of the source.

new book description for website-1_01Also, nothing is said on this website about the fact that ALEC does not disclose its membership, meets in secret, and the general public are not told where the meetings are held and would be forcefully expelled if they tried to attend. It is also worth noting that the allegedly non-partisan members of state legislatures are right wing Republicans and that prominent and powerful right wing Republicans in both houses of Congress regularly attend the meetings of this secret organization. According the New York Times, special interests have “effectively turned ALEC’s lawmaker members into stealth lobbyists, providing them with talking points, signaling how they vote, and collaborating on bills effecting hundreds of issues.” (McIntire, 2012) -And the Guardian described ALEC as “a dating service for Republican legislators and big corporations, bringing them together to frame rightwing agendas in the form of model bills.” (Pilkington, 2013a)

In December of 2013, the membership of ALEC consisted of 1,801 members of state legislatures, more than 85 members of Congress, fourteen sitting or former governors considered alumni, and about 300 representatives of corporations, foundations, and think tanks. (Pinkelton and Goldberg, 2013) About 98% of the funding for ALEC comes from corporations, trade associations, and corporate foundations and the contributions of the corporations alone are estimated to be $6 million a year. Some of this corporate money is used to pay for “scholarships” that help to cover the costs of the family vacations that legislators take to ALEC conventions at posh resorts in August after their legislative sessions end. (PR Watch, 2011)

The state legislators who are members of ALEC introduce about 1000 pieces of model legislation each year and about 200 or more pass into law. One the first measures signed by then Governor of Texas George W. Bush was model legislation from ALEC that granted corporations immunity from prosecution if they told regulators about their violations of environmental law. Other model legislation from ALEC was designed to accomplish the following: obviate the decision by the Supreme Court to allow the EPA to regulate carbon dioxide and other greenhouse gases as pollutants; grant Congress the authority to block the enforcement of the Clean Air and Water Act; authorize state governments to open up federal lands to oil, gas and coal exploration; eliminate waste reduction and mandatory recycling laws; give legal protections to corporations against the victims of lead poisoning; eliminate federal regulations on coal combustion waste; call on the federal government to approve the proposed Keystone XL pipeline, and criminalize environmental activism. (Steinbruner et. al., 2013)

The Koch Brothers

 The poster children of the campaign of the climate change contrarians are 78 years old Charles Koch and his 73 year old brother David Koch. The Koch brothers are American oligarchs who preside over a vast financial empire and know from experience that money is power and can buy elections and set the political agenda at all levels of government. According to Kenneth Vogel, the “billionaire industrialists Charles and David Koch are among the most dominant forces in American politics, rivaling even the official Republican Party in its ability to shape policy debates and win elections.”(Vogel, 2014)  The brothers managed to accomplish this feat by creating a vast network of politically active non-profits that operate in concert and have a shared ideological agenda. This network is so vast that a detailed diagram of its organization and money flows took up half a page in the print edition of the Washington Post. (Washington Post, 2014) Some of the better known groups in this network are Americans for Prosperity, Heritage Action for America, U.S. Chamber of Commerce, Americans for Tax Reform, and the Club for Growth.

Like most of the other billionaires who support the campaign of the climate change contrarians, the Koch brothers have vested interests in the fossil fuel business. The bothers are 85% owners of a multinational corporation, Koch Industries, whose core business is the refining and distribution of petroleum and the manufacture of chemicals, fiber, minerals, fertilizers, pulp and paper. Koch Industries also owns 2 million acres of land in Alberta, Canada which contains enormous quantities of tar sands oil. The proposed Keystone XL pipeline would carry 800,000 barrels of tar sands oil per day from its source in the Boreal forest in Alberta to the Gulf Coast. If the pipeline is built, the Koch brothers and other billionaires in the fossil fuel business could realize billions of dollars in profits. Not surprisingly, the campaign of the climate change contrarians is doing everything possible to ensure that the pipeline will be approved by the State Department and President Obama.

The message conveyed to the American people in advertisements on radio and television sponsored by this campaign is that tar sands oil is a safe and reliable source of energy and the Keystone XL pipeline will create jobs, promote economic growth, and help to free the United States from dependence on foreign oil. The campaign has also used its considerable resources to dominate and control the public debate about the pipeline and to ensure that virtually nothing is said in this debate about the scientific research on its potential environmental impacts. For example, there has been no mention to my knowledge in the mainstream news media that scientific research has shown that the process of extracting, transporting, refining, and burning of tar sands oil results in significantly higher amounts of greenhouse gas emissions than for conventional oil. (Biello, 2013)  And only a few passing mentions were made in the back pages of the New York Times and the Washington Post of the results of recent scientific studies on the environmental impacts of these emissions.

One of these studies was done by James Hansen, one of the best known and highly respected climate scientists. Hansen and his team calculated how many gigatons (billions of tons) of carbon dioxide is contained in the tar sands oil in the Boreal forest in Alberta. This calculation revealed that the number of gigatons of carbon dioxide contained in tars sands is twice that previously emitted by burning oil during the entire period in which oil has been a source of energy. They then calculated the amount of carbon dioxide that would be in the atmosphere if we fully exploit the tar sands oil and continue to burn the remaining supplies of oil, gas and coal. In this scenario, the concentrations of carbon dioxide in the atmosphere would be higher than in the Pliocene era more than 3.5 million years ago.  Further increases in average Earth temperature would result in the rapid melting of the ice sheets, a sea level rise of at least 50 feet above current levels, and the extinction of twenty to fifty percent of the species on this planet. To put it bluntly, the price that could be paid for the use of all of these “safe and reliable sources of energy” would be an end to human civilization. As Hansen put it in language anyone can understand, “Game over for the climate.” (Hansen, 2012)

If the pipeline is built, the Koch brothers could potentially realize $100 billion in profits from the tar sands oil contained in the 2 million acres of land owned by Koch Industries in Alberta. The net worth of the brothers is now exceeded only by that of Bill Gates, Warren Buffet and Larry Ellison and ranks fourth in the world. Add the potential profits from the tar sand oil and the net worth of the Koch brothers would rank first in the world. The question here is why two impossible rich old men would feel compelled to become even richer by dumping enough carbon dioxide into the atmosphere to create an environmental disaster that would imperil the lives of hundreds of millions of people. The answer, if there is one, is that the Koch brothers, along with virtually all of the other members of their network of politically active groups and shadow government, are true believers in market fundamentalism.

In this quasi-religious belief system, there are two articles of faith that the true believers regard as transcendent and immutable truths. The first is that the dynamics of free market systems can resolve virtually all human problems, including the climate crisis, if they are not interfered with by government. The second is that the growth and expansion of free market systems lifts all boats and serves the greater good and the only legitimate role of government in the management of economic activities is to promote and enable this growth and expansion. This explains why the Koch brothers and the other participants in the campaign of climate change contrarians feel justified in buying elections and creating a shadow government that serves their vested interests and advances their ideological agenda. It also explains why they have no compunctions about subverting and violating the principles of democratic government and telling Big Orwellian Lies about the science of climate change.

There Ought to Be a Law

There are two definitions of crimes against humanity in international law that could apply to the campaign of the climate change contrarians. The first is “grave offences that are part of a widespread and systematic attack against a civilian population,” and the second is “inhumane acts intentionally causing great suffering, or serious injury to body or to mental or physical harm.” (Brown, 2013) -There is no doubt that the Big Lies told by the contrarians about climate science constitute a “widespread and systematic attack against” all of humanity. There is also no doubt that the contrarians were fully aware that they were misleading people in ways that could eventually result in “great suffering, or serious injury to body or to mental and physical harm.” It is not possible for a variety of reasons to charge the Koch brothers and the other contrarians in their vast network with crimes against humanity in the International Criminal Court at The Hague. But we could at least begin to call them by a name that is more appropriate for those who have committed crimes against humanity.

The dictionary definition of a contrarian is a person who takes an opposing view. This implies that a climate change contrarian has a view of climate change that is opposed to and could be as valid as other views. My candidate for a more accurate and appropriate definition of climate change contrarian is as follows: “One who lies about the science of climate change and imperils the human future to protect and enhance his or her financial interests and has no regard for the principles of democracy or the welfare or will of the people of the United States.” But since this definition is too long to routinely use in descriptions of the activities of the contrarians, a better idea might be to add the word genocidal in all future references to their campaign. Hence the new name would be the “genocidal campaign of the climate change contrarians.”

One can hope that the Koch brothers and the members of their vast network will have a crisis of conscience and use their money, power and influence to prevent the ecological disaster they are now in the process of creating. But in the likely event that this does not happen, those of us who care about the human future must be prepared and willing to wage a war aptly described by the American philosopher William James: “What we need to discover in the social realm is the moral equivalent of war: something heroic that will speak to men as universally as war does, and yet will be compatible with their spiritual selves as war proved itself to be incompatible.” (James, 1902)

The soldiers in the volunteer army that wages the moral equivalent of war must not only be prepared and willing to publicly challenge the Big Lies told by the contrarians about climate science and to expose and ridicule the motives of the tellers of these lies. They must also be prepared and willing to fight all the battles required to replace the Koch shadow government with a government that will work tirelessly to prevent an ecological disaster on a scope and scale that is virtually impossible to even imagine. The weapons that will be useful in fighting these battles are protests, rallies, town meetings, boycotts, and political campaigns promoted and organized with videos, documentaries, films and web-based communications networks.

Many people will be understandably reluctant for both personal and professional reasons to respond to this call to arms in a war compatible with their spiritual selves. But what is at stake in this war is not access to scarce national resources, the balance of power between nation-states, or the economic and political hegemony of the United States. It is a human future in which our children and grandchildren can live secure, rich and meaningful lives on a flourishing Earth. This is not merely the work of an age, but a work that could preserve the memory of all ages, and it hard to imagine that anyone could serve a greater good or answer to higher calling.

References:

ALEC Web Site. 2014. http://www.alec.org

David Biello, 2013, How Much Will Tar Sands Oil Add to Global Warming?” Scientific American, January 23, 2013.

Broder, John, 2010, Climate Change Doubt is Tea Party Article of Faith, New York Times, October 21, 2010.

Brown. D., 2013,  “The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part One: Is The Disinformation Campaign a Crime Against Humanity or A Civil Tort?” Ethicsandclimate.org, http://blogs.law.widener.edu/climate/2013/01/30/the-climate-change-disinformation-campaign-what-kind-of-crime-against-humanity-tort-human-rights-violation-malfeasance-transgression-villainy-or-wrongdoing-is-it-part-one-is-the-disinformation/

Center for Media and Democracy, 2014, ALEC Exposed, http://alecexposed.org/wiki

Hansen, J., Kharecha P., Sato M., Masson-Delmotte V., Ackerman F., et al.,2013, Assessing Dangerous Climate Change: Required Reductions to Protect Young People, Future Generations and Nature,” PLoS One 8(12). Vermeer M., Rahmstorf S. (2009) Global Sea Level Rise Linked to Global Temperature, Proceedings National Academy Sciences USA PubMed NCBI Google Scholar; Grinsted A., Moore J., Jevrejeva S. (2010) Reconstructing Sea Rise from Paleo and Projected Temperature Rise, PubMed/NCBI Google Scholar; Liu J., Song M., Hu Y., Ren X. (2012) Changes in the Strength and Width of the Hadley Circulation, PubMed/NCBI Google Scholar; Parmesan C., Ecological and Evolutionary Response to Recent Climate Change,  Annual Review of Ecology and Evolution of Systems 2006, 37: 637-639; 7: 2287-2312; Marshall J. and Soloman S., editors, Intergovernmental Panel on Climate Change., Climate Change 2007 (New York: Cambridge University Press, 2007); Final Report of Synthesis and Assessment Product,” 4.1, 4.2, 2.3, 1.2. U.S. Climate Change Science Program, avail from: www.usgcrp.gov;Rahmstorf S., Coumou D. (2011) Increase in Extreme Weather Events in a Warming World, Proceedings National Academy Sciences USA PubMed/NCBI Google Scho

Hansen,  J., 2012,  Game Over for the Climate,”New York Times, May 9. 2012.

James, W., 1902, The Varieties of Religious Experience, (New York: Longmans Green), p. 367.

Lutz, F., 2007,  quoted in http://www.straight.com/article-67107/trust-us-were-the-media

McIntire, Mike, 2012,  Conservative Nonprofit Acts as a Stealth Business Lobbyist, New York Times, April 21, 2012.

Mann, M., 2014, If You See Something, Say Something, New York Times, Jan. 17, 2014.

Oreskes, Naiomi and Conway, Eric , 2010, Merchants of Doubt, How a Handful of Scientists Obscured the Truth on Issues from Tobacco Smoke to Global Warming, Bloomsbury Press, New York, p. 39.

Pooley, E , 2010.  Climate Wars, True Believers, Power Brokers and the Fight to Save the Earth, Hyperion, New York, p. 39.

Pilkington, Ed, 2013, Obamacare Faces New Threat at State Level from Corporate Interest Group ALEC, Guardian, November 20, 2013.

Pilkington, Ed and Goldberg, 2013, Suzanne. ALEC Facing Funding Crisis from Donor Exodus in Wake of Trayvon Martin Row, Guardian, December 2, 2013

PR Watch, 2011,  A CMD Special Report on ALEC’s Funding and Spending,  http://www.prwatch.org/news/2011/07/10887/cmd-special-report-alec

Steinbruner et. al., 2013,  ALEC and the Environment: ALEC Exposed, http:www.nap.edu.catalog.php?record-id=14882)

Vogel, D.,  2014, Koch World 2014, January 29, 2014, Politico, http://dyn.politico.com.

Washington Post, 2014, An Amazing Map or the Koch Brothers Massive Political Network, January 6, 2014.

By: 

Robert L. Nadeau, Ph.D.

Professor Emeritus

George Mason University Widener University School of Law

Fairfax, Virginia 22030

Email: robnadeau@verizon.net

 

Donald A. Brown

Scholar in Residence and Professor

Harrisburg, Pennsylvania

Email: 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

national academy

 

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 .

c7c01

(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

 

 

 

Has Discussion Of What “Equity” Requires Of Nations To Reduce GHG Emissions Disappeared From Climate Negotiations? If So, What Should Be Done About It?

ambition and equity

I. Introduction

Has the leadership of international climate negotiations under the UNFCCC lost the desire to require nations to expressly examine what “equity” requires of them? Recently there has been no evidence that the UNFCCC Secretariat or the leadership of the Ad Hoc Working Group on the Durban Platform for Enhanced Action (known as the ADP) has any intention of discussing the meaning or practical significance of “equity” in climate negotiations. This paper examines: (a) what has happened recently in climate negotiations in regard to national obligations to reduce ghg emissions reductions on the basis of equity and justice, (b) arguments that have been made in support of ignoring express discussion of equity and justice issues in climate negotiations, (c) arguments in support of a greater focus on equity and justice at both the international and national levels, and (d) what should be done to increase the focus on equity and justice in light of the resistance of nations to acknowledge their equitable and justice obligations.

II. Recent Disappearance of Equity In Climate Negotiations

The ADP is a subsidiary body under the UNFCCC. It was established in 2011 with the mandate to develop a “protocol, another legal instrument or an agreed outcome with legal force” under the Convention applicable to all Parties, which is to be completed no later than 2015 and to come into effect in 2020.

While there have been negotiations under way on the new agreement, there has also been an attempt to increase national commitments on greenhouse gas (ghg) emissions reductions in the short-term because mainstream science is telling nations that much greater reductions in emissions are necessary in the next few years to maintain any hope of keeping warming below 20 C, a warming limit that all nations have agreed should not be exceeded to give some hope of preventing catastrophic warming. In fact, the international community has understood that much more ambitious commitments are necessary, both in the short- and long-term to maintain any hope of keeping warming to tolerable levels. For this reason, the agendas of the last few Conferences of the Parties (COP) UNFCCC meetings have sought to increase the ambition of nations to increase their ghg emissions reductions commitments both in the short- and long-term. There has also been a fairly wide-spread understanding that the international community will not avoid very dangerous climate change unless nations increase their national commitments to levels required of them based upon equity while working with other nations to keep atmospheric concentrations of ghg from exceeding dangerous levels.

Two years ago it appeared as if the ADP was proceeding to seek some agreement on what equity requires under the UNFCCC. In May of 2012, the UNFCCC held a workshop on equity in Bonn. A report on the workshop is on available.  As expected, nations were not able to come close to agreeing on what equity requires at this initial Bonn workshop. Yet, the workshop concluded that a work program on equity is needed and made a decision that “equity” should be taken up at COP-18 in Doha, Qatar.

nw book advThere was no focused discussion of “equity” in Qatar despite the recommendation from the Bonn workshop. The United States opposed language in the final Qatar document that included language on “equity” according to the report on COP-18 by the Earth Negotiation Bulletin http://www.iisd.ca/vol12/enb12567e.html. Is this the reason why discussions on “equity” were not resumed in Qatar? The public record is not clear.

Nor was there any focused discussion on “equity” in Warsaw at COP-19 with the exception of a proposal pushed by the Brazilian government and 130 other nations to define equity in a way that took historic responsibility into account. The United States, the EU, Canada, and Australia refused to discuss this proposal.

And there was virtually no discussion of what equity would require of nations in regard to emissions reductions commitments in the last few years at the UNFCCC annual meetings which seek to create an adequate global solution to climate change.

The Warsaw meeting did discuss “co-benefits of climate change commitments” at the urging the UNFCCC leadership thereby implicitly reverting to a category of self-interest rather than national obligation. Co-benefits were discussed presumably to convince nations that it was in their national economic interest to adopt climate policies, a tactic which may implicitly confirm the notion that national economic interest rather than national obligations should be the basis for climate change policy.

And so it would appear that discussions of what equity would require of nations to increase their ghg emissions reductions commitments is no longer on the UNFCCC agenda.

Yet nations have already agreed under the UNFCCC to adopt programs and measures to prevent dangerous climate change based upon equity and common but differentiated responsibilities. We might add, however, even if nations did not agree to reduce their emissions based upon equity, basic and uncontroversial theories of justice would require nations to reduce their emissions to their fair share of safe global emissions. However most nations are making ghg reduction commitments based upon national economic interest, not on their fair share of safe global emissions.

Differences among nations about the significance of equity and justice plagued the Warsaw meeting in regard to funding for adaptation and loss and damages, yet the ADP discussions never took up express consideration of what equity would require in regard to these issues either.

equity and ambitionThis failure to discuss equity is somewhat curious given that there has been a strong level of agreement among many observers to and commenters on the climate negotiations that if nations are going to increase their ambition on ghg emissions reduction to levels that prevent catastrophic warming, they will need to make commitments based upon their equitable obligations to keep atmospheric ghg concentrations to safe levels rather than on self-interest. That is, without a recognition by nations of their ethical and justice obligations to the rest of the world to reduce their emissions to their fair share of safe global emissions, there is little hope of preventing catastrophic warming.

Based upon the negotiations in Warsaw at COP-19, it would appear that the future treaty that was agreed to in Durban in 2011 and is to be finally negotiated in Paris in 2015 will be comprised of “bottom-up” pledges without any formal recognition or operational definition of equity. Although it is possible that “equity” could be taken up in a meeting scheduled for March in Bonn this coming year, it would appear that at least for the moment, the UNFCCC secretariat has abandoned any hope of getting nations to operationalization “equity” in the negotiations.

In fact, several observers of the negotiations have advised the international community to abandon any direct discussion of “equity” because it is too contentious. This paper reviews some of the reasons that have been advanced for avoiding any direct negotiation of what “equity” requires along with arguments for resumption of negotiations expressly focused on equity. Finally this paper argues for continuance of a discussion on “equity” that anticipates some of the problems that have arisen when equity has been previously discussed in the negotiations.

III. Arguments Against Direct Negotiation of “Equity”

Several observers of the climate negotiations have counseled against any further direct negotiation of “equity” because it is too contentious and will not likely lead to agreement.

For instance, a recent World Bank paper recommends that climate negotiations abandon attempts to achieve national ghg emissions reductions commitments based upon “equitable” obligations after a somewhat rigorous review of the extant literature on “equity” and a brief summary of what has happened in the negotiations. The paper is entitled “Equity in Climate Change, An Analytical Review.” The paper identifies four formula or frameworks for operationalizing equity under the UNFCCC that have appeared in the relevant literature. These include emissions allocated: (i) equally on a per capita basis; (ii) inversely related to historic responsibility for emissions; (iii) inversely related to ability to pay; and (iv) directly related to future development opportunities.

The paper argues that none of these formulae have attracted sufficient support because each is dramatically inconsistent with many nations’ national interest and therefore will not likely receive the level of consensus required in international negotiations. In light of the fact that any attempt to reach consensus on the operationalization of equity will run into conflicts with national interest, the paper recommends a completely new approach that would fund a new carbon revolution while abandoning the current approach in which nations make individual emissions reductions commitments consistent with what equity requires of them. Equity considerations, according to the paper, would then play a role, not in allocating a shrinking emissions budget, but in informing the relative contributions of countries to funding a technological revolution.

The World Bank paper further asserts that conflicts of interest are created by any of the equity formulas that have been advanced that are both inherent and stron. They are inherent because any allocation must distribute a fixed aggregate carbon budget. They are strong because the budget is not really fixed but shrinking dramatically relative to the growing needs of developing countries. Since mainstream science has concluded that drastic compression in aggregate emissions is now necessary to keep temperatures below dangerous levels, shrinking emissions budgets are likely to require even greater ghg emissions reduction commitments that are in even greater conflict with national interests.

Therefore, the paper recommends abandoning negotiations about “equitable” emissions reduction commitments and attack climate change through commitments on funding climate friendly technologies.

Others have also recommended abandonment of “equity” considerations because any reasonable definition of equity would require nations to agree to cuts that were not in their national interest coupled with the fact that there is no consensus about what equity requires. It would appear that these people believe that if nations cannot agree on what equity requires it is unproductive to discuss equity in climate negotiations. They appear to fear that discussions of equity will lead to no agreement.

IV. Justification For Requiring Nations to Agree on Equitable Responsibilities

There are several reasons why nations should be required to make emissions reductions expressly consistent with what fairness and equity require of them including the following:

1. Nations have been entering negotiations as if only economic national interest counts and in so doing have failed to make emissions reductions commitments based upon equity that in the aggregate will avoid dangerous climate change. In fact, when some nations have been asked to explain why they have not made more ambitious commitments, they have frequently justified their unwillingness to make greater commitments because such reductions are not in their economic interest. For this reason, it is likely a practical mistake to not insist that any national commitment conforms to some reasonable definition of what equity requires. To ignore this obligation is to encourage the continued dominance of national self-interest in national responses to climate change.

2. Although there is some reasonable disagreement on what equity requires, this fact should not relieve nations of the obligation to demonstrate that their emissions reductions commitments are based upon reasonable expectations of fairness and distributive justice. Some nations seem to be arguing that because there are differences among nations about what equity requires, this is justification for totally ignoring equity and justice issues entailed by making allocations among nations. Because allocation of national ghg emissions is inherently a matter of justice, nations should be required to explain how their ghg emissions reduction commitments both will lead to a specific atmospheric greenhouse gas concentration that is not dangerous, that is, what remaining ghg CO2 equivalent budget they have assumed that their commitment will achieve, and on what equitable basis have they determined their fair share of that budget. Any national ghg emissions reduction is implicitly a position on a safe atmospheric ghg concentration and that nation’s fair share of total global emissions that will reach that target. Because of this, nations should be required to expressly disclose their assumptions on safe global emissions and what fairness requires of them because such assumptions are implicit but usually hidden in their commitment.

3. Although there may be some reasonable disagreement of what equity requires among various equitable frameworks that have been proposed, this does not mean that any proposal for what equity requires is entitled to respect. The problem of allocating emissions reductions among nations is a classic problem of distributive justice. Distributive justice allows people to be treated differently but requires that those who want to be treated differently from others in some distribution of public goods identify a morally relevant justification for being treated differently. For instance, a person whose justification for obtaining a larger share of food is the fact that he or she has blue eyes will not pass ethical scrutiny because the color of someone’s eyes is not a morally relevant justification for different treatment. Similarly a nation’s justification for the refusal to reduce ghg emissions is that reductions in emissions will affect the nation’s economic interest is not a morally relevant justification for refusing to cut ghg emissions. If it were any polluter could justify continuing to pollute as long as pollution controls cost the polluter money. Because many of the justifications for national ghg emissions commitments are based upon economic self-interest, rather than ethical duty to others, these justifications fail to satisfy minimum ethical scrutiny. And so, strong claims can be made that certain justifications for national commitments on ghg emissions reductions fail to pass any reasonable ethical analysis even though one cannot say absolutely what perfect justice requires. It is therefore fairly easy to spot ethical problems with national ghg commitments even though one cannot claim unambiguously what justice requires. Therefore it is possible to get traction for ethics and justice issues despite disagreement on what justice precisely requires.

4. Although reasonable people may disagree on what equity and justice may require of national ghg emission reduction commitments, there are only a few considerations that are arguably morally relevant to national climate targets. In discussing equity and the distributive justice of national commitments, the relevant criteria for being treated differently that have been recognized by serious participants in the debate about equity include: (a) per capita considerations, (b) historical considerations, (c) luxury versus necessity emissions, (d) economic capacity of nations for reductions, (e) levels of economic development, and (f) and combinations of these factors. The fact that reasonable people may disagree about the importance of each one of these criteria does not mean that anything goes as a matter of ethics and justice. In addition, the positions actually taken by nations on these issues in the negotiations utterly fail any reasonable ethical scrutiny. For this reason, discussions on equity should focus heavily on the obvious injustice of national positions on these issues rather than worrying about what perfect justice requires. Some reasonable compromise among these criteria should be a goal of the negotiations. In fact, a global framework for equity would include some forward looking considerations including per capita considerations and backward looking considerations such as historical responsibility from a specific date, modified by certain economic considerations including economic ability to respond rapidly and perhaps differences between necessity emissions and luxury emissions.

 5. The insight that nations will not agree to what equity requires of them because it is not in their national interest should not be the basis for abandoning an equitable approach to climate change as recommended by the above referenced World Bank paper because national interest is not a morally acceptable justification for national climate change policy yet it is likely to remain the criteria for setting national climate change policy unless a nation is shamed for its ethically bankrupt position on climate change. The fact that changes in national responses to ethically unacceptable behavior can be demonstrated from the spread of human rights around the world which can be attributed to shaming nations for their failure to provide human rights protections. The same naming and shaming approach to equity and national ghg emissions reductions commitments should be followed on climate change emissions reductions commitments by adopting better understanding of the ethical bankruptcy of some nations’ approach to climate change.

6. The need to turn up the visibility on the ethical and equitable unacceptability of national ghg commitments is not only important to get nations to increase their emissions reductions commitments in international negotiations, it is also important to change the way climate change policies are debated at the national level when climate change policies are formed. For instance, when some nations including the United States and New Zealand have debated climate change policies at the national level there has been a complete failure to acknowledge that proposed policies must respond to the nation’s equity and ethical obligations. Because of this, national economic interest rather than global obligation dominates debates on proposed climate policies at the national level. There is an important need to change the focus of national debates on climate change policies at the national scale so that citizens understand the ethical problems with their country’s national commitments. And so, there is an important need to increase awareness of the equity and justice issues entailed by national climate change policy debates.

V. How To Make Equity Part Of National Responses To Climate Change

For the reason stated above, there is an urgent need to increase the focus in international climate negotiations and at the national level on equity and justice and simply ignoring these issues because they are difficult or contentious is likely a huge practical mistake that has potential catastrophic consequences. However, given the resistance thus far on nations’ willingness to openly discuss the equity and justice dimensions of their climate policies, the first order question is how to do this. Because of the unwillingness of nations to agree on what equity requires of them, initial steps should be taken to increase awareness of the ethical and justice failures of national responses to climate change.

1. The first priority is to achieve a wider understanding of the utter failure of national commitments thus far to deal with the equity and justice issues. The UNFCCC secretariat has the authority to ask nations specific questions. In the past, when the nations have been asked questions about their position on equity, the questions have been too general with insufficient follow up. Along this line each nation should be asked to answer a series of questions about their ghg emissions commitments which include but are not limited to the following:

A. What specifically is the quantitative relevance of your emission reduction commitment to a global ghg emissions budget to keep warming below a 1.5 °C or 2°C warming target. In other words how does your emissions reduction commitment, in combination with others, achieve an acceptable ghg atmospheric concentration that limits warming to 2°C or the 1.5°C warming limit that may be necessary to prevent catastrophic warming?

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

C. How specifically does your national commitment take into consideration your nation’s undeniable obligation under the UNFCCC to base your national climate change policy on the basis of “equity.” In other words, how have you operationalized equity quantitatively in making your emissions reduction commitments?

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

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

a. the “polluter pays”;

b. citizens in their country not harm other people outside their national jurisdiction under the “no harm” principle; and,

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

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

G. In debating national climate policy, to what extent have you apprised citizens of your country that nations have ethical and justice responsibilities to other vulnerable people and nations?

H. To what extent have you informed high emitting entities and individuals within your nation that they have ethical responsibilities to decrease their ghg emissions in cases when this can be done without a major sacrifice to an entities or individual interest.

2. Because debates about climate change policy formation at the national level have often ignored questions of equity and fairness, there is a need to publicize how debates at the national level about proposed climate change policies acknowledge or ignore questions of equity, ethics, and distributive justice. To accomplish this, researchers around the world should be requested to report on and document how ethics and equity issues are being considered in public policy debates about national policy within each country.  This analysis should determine, among other things, the extent to which the debate about climate policy has specifically considered an atmospheric ghg concentrations goal and on what equitable and distributive justice basis has the target commitment selected.

3. There is a need to establish an international data base on how nations have considered equity and distributive justice issues at the national level and specific excuses that nations have relied upon for their failure to support an ethically justifiable international climate regime.

4. The starting point for any negotiations session under the UNFCCC should be a submission by each government on their position on their equitable obligations for issues under negotiation. This submission should be detailed to include specific ethical issues under consideration during each negotiation.

5. Each nation should be required to identify what policy steps it is taking to provide, protect, and fulfill the human rights that may be adversely affected by climate change to both people in their own country and vulnerable people around the world.

6. As part of climate negotiations, each national commitment to reduce ghg emissions should be reviewed by a panel of experts who would evaluate each national commitment to reduce ghg emissions on its merits as a matter of distributive justice.

By:

Donald A. Brown

Scholar In Residence and Professor,

Widener University School of Law,

Harrisburg, Pennsylvania

Visiting Professor, Nagoya University,

Nagoya, Japan

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

dabrown57@gmail.com

 

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

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

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

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

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

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

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

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

ContractionAndConvergence

 

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

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

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

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

By:

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Donald A. Brown

Scholar In Residence and Professor

Widener University School of Law

Visiting Professor, Nagoya University School of Law

Nagoya Japan

dabrown57@gmail.com