Ethics and Climate

Donald Brown

Ethics and Climate - Donald Brown

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

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

 

human-rights-for-allhuman rights and climate change

 

I. Introduction

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

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

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

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

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

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

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

(UDHR, 1948: Preamble)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

III. References:

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

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

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law and Professor

Widener University School of Law

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

dabrown57@gmail.com

 

 

 

 

 

 

Visualizing How To Evaluate GHG Emissions Reductions Targets by National, State, ane Regional Governments, Part II

This is the second entry which helps explain why US state ghg targets are woefully inadequate in light of the most recent science. The first entry included two charts provided by the Global Commons Institute. The following chart also prepared by the Global Commons Institute also shows what US states  would need to do to reduce ghg emissions by 80 %, a level which is still woefully inadequate in light of the most recent science as we explained in the last entry hear. This chart is available for closer inspection at: http://www.gci.org.uk/images/US_Emissions_Data_by_State_with_Map.pdf

In addition to depicting state by state reductions pathways that would achieve a reduction of 80%, the numbers on this chart identify what this 80% reduction would accomplish in reducing per capita emissions in each state.

Despite the steepness of reductions depicted in this chart, as we explained in the last post, they are not sufficient in regard to the need to keep global emissions from exceeding a 250 gigaton  carbon equivalent budget that is the upper limit of global  emissions if the world seeks to have a reasonable change of avoiding dangerous  climate change. (See the prior post for a fuller explanation of the carbon budget limitation)

http://www.gci.org.uk/images/US_Emissions_Data_by_State_with_Map.png

As we explained in the last entry, any ghg target must implicitly make an assumption about two issues that are rarely explained. They are: (a) an assumption about what ghg emissions budget will be achieved by the target that will avoid dangerous climate change, the carbon budget assumption, and (b) a position on what distributive justice principle was followed by the government entity when the target was selected,  the equity and justice assumption.  Although these assumptions are implicitly made in setting any ghg emissions target, government entities usually escape expressly identifying these assumptions. Because these assumptions are key to critically reflecting on the adequacy of any ghg target, governments should be required to make their assumptions explicit about what carbon budget the target will help achieve and what principle of distributive justice the government reduction target relied in setting the ghg emissions target.

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

Widely Unrecognized Benefits of a Human Rights Approach as a Remedy for Climate Change: A Comprehensive Series.

human righs casam

I. Introduction

This is the first in a series that will rigorously examine the importance of understanding climate change as a human rights problem. There is a large and  growing literature that examines links between human rights and climate change. This series will summarize the main conclusions of this literature while making additional arguments about the benefits of examining climate change as a human rights problem that can be deduced from almost seven decades of  international human rights law. This series will conclude that those who see climate change as a civilization challenging moral and ethical problem will find many practical lessons to be learned from human rights law and its philosophical foundations that should help achieve a greater response to climate change consistent with national, regional, and individual ethical and moral obligations.  These lessons will include: (a)  substantive conclusions about obligations that follow when  specific rights that are violated. (b) procedural lessons about increasing compliance with rights obligations that can be seen by examining almost 65 years of continuing development of international human rights law at the international, regional, and national scale, (c) and specific ideas about how to get nations to take their ethical and equity obligations seriously in international climate change negotiations.  The series will end with recognition of some challenges to a human rights approach to climate change. yet with an  explanation why despite these challenges, greater use of human rights should be made to find a solution to climate change.

This first in the series will begin with a summary of major conclusions reached about climate change and human rights reached in an excellent paper on the subject: Climate Change, Human Rights and Moral Thresholds by Simon Caney. (Caney, 2010)

II. Climate Change Prevents Enjoyment of the Most Basic, Non- Controversial Human Rights and as a Result Certain Practical Consequences Follow.

new book description for website-1_01The Caney paper explains that climate change violates many human rights including three of the most fundamental least controversial rights: (1) right to life, (2) right to health, and (3) right to subsistence. Climate change violates the right to life because a changing climate will and is killing people through more intense storms, floods, droughts, and killer heat waves. Climate change will violate the right to health by increasing the number of people suffering from disease, death, and injury form heatwaves, floods, storms, fires, and droughts, increases in the range of malaria and  the burden of diarrhoeal diseases, cardie-respiratory morbidity associated with ground level ozone, and increase the number of people at risk from dengue fever. Climate change will violate the right to subsistence by  increasing: (a) droughts which will undermine food security, (b) water shortages, (c)  sea level rise which  will put some agricultural areas under water, and (d) flooding which will lead to crop failure.

Caney explains that other human rights are affected by climate change but an understanding that climate change violates these three rights  puts the claim that climate change violates human rights on the most uncontroversial grounds. Caney also explains that climate change is also morally objectionable on other grounds than human rights including non-anthropogenic moral grounds.

Caney further explains in the article that because climate change clearly violates human rights, certain things follow.

These consequences for policy include:

  • Because human rights are violated, 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. The abolition of slavery was immensely costly slave owners yet because basic human rights were violated by climate change costs to the slave owner of abolishing slavery were not relevant
  • If climate change is a human rights problem, compensation is due to those whose rights have been violated. The human rights approach generates both duties for mitigation and adaptation. It also generates duties of compensation for harm.
  • Human rights apply to each and every human being as they are based on the idea that all human beings are born free and entitled to certain rights.
  • If one has a right not to suffer a particular harm, then it is wrong to violate that right because one can pay compensation. It is for instance wrong to assault someone even if the person assaulted can be paid compensation for the harm.
  • If the human rights of the most vulnerable are being violated they need not bear the burdens of mitigating the threats.
  • Human rights usually take priority over other human values such as efficiency and promoting happiness.

I. References

Caney, Simon, 2010, Climate Change, Human Rights and Moral Thresholds, in S. Gardiner. S. Caney, D. Jamieson, H. Shue (editors), Climate Ethics, Essential Readings,  Oxford University Press, New York, 2010.

By:

Donald A. Brown

Scholar In Residence and Professor,

Widener University School  of Law

Part-time Professor, Nanjing University of Information 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

 

An Ethical Analysis of Warsaw COP-19 Outcomes In Light of the Ethical Dimensions of Climate Change.

warsAW POLS
I. Introduction. 

If climate change is a world challenging ethical and justice problem, what can we learn from the state of recognition of this fact from the recently concluded Warsaw climate negotiations?

The 19th Conference of the Parties (COP-19) under the United Nations Framework Convention on Climate Change (UNFCCC) and the 9th Meeting of the Parties to the Kyoto Protocol (MOP-9) completed its work on Saturday 23, 2013 in Warsaw. COP-19/COP 9 was seen by most observers as another in a series of extraordinarily serious failures of the international community to find a global solution to climate change, a tragic outcome in light of the hard-to-imagine global greenhouse gas (ghg) emissions reductions that the mainstream scientific community is now saying are urgently needed to prevent dangerous climate change. Yet the November meeting did produce a few very, very modest results that managed to keep the slim hope alive that an adequate global solution to climate change will be worked out in 2015.

We here review the outcomes of Warsaw through an ethical lens to determine and draw attention on the ethical issues that need to be emphasized as the world approaches the next negotiations in Lima, Peru in December.

jutice climateA major hope for the Warsaw COP was to make significant progress on negotiation of new treaty which is to be completed in 2015 in Paris as agreed to in climate talks in Durban, South Africa in 2011. (UNFCCC, 2011 ) The Durban COP decided to create a global climate agreement applicable to all parties by 2015—known as the Durban Platform—with the goal of keeping average global temperature rise to 2° C, the level that scientists claim is necessary to avoid the worst impacts of global warming. A main task for the parties in Warsaw was to establish a process and timetable for creating the new agreement to be finalized by 2015.

Other major issues in Warsaw included whether the international community would make progress on: (a) implementing past promises for funding needed climate adaptation in developing countries, (b) creating an institutional response to nations and peoples who suffer losses and damages from climate change, and (c) creating an institutional response to forest degradation and destruction.

At the center of the most contentious issues at COP-19/MOP-9 were conflicts about what justice and equity require of nations to respond to climate change.

A. Pathway to An Adequate New Climate Change Agreement.

The agreement to be completed in 20I5 under the Durban Platform will take the form of a “protocol, another legal instrument or an agreed outcome with legal force,” and will be applicable to all Parties.

An adequate global climate change treaty will need to limit total global ghg emissions to levels which will prevent atmospheric ghg concentrations from accumulating to dangerous levels and to do this any solution will also need to allocate total global emissions levels among all nations. Therefore nations must agree to commit to limit their emissions to their share of safe global emissions if there is any hope of preventing harsh climate impacts.

climate justiceSince COP-18 in Qatar last year, there have been two prestigious scientific reports that have made it clear that much greater ambition from nations on their previous ghg emissions reductions commitments is urgently needed. In September of this year, the Intergovernmental Panel on Climate Change (IPCC) issued a report on the Physical Basis of Climate Change and in November the United Nations Environment Program (UNEP) released its Emissions Gap Report. Both reports contain information that lead to the conclusion that the international community is quickly running out of time to prevent dangerous climate change.

nw book advThe UNEP report is particularly relevant to the short-term situation that was the focus of the Warsaw meeting given that the international community has agreed to limit future warming to prevent catastrophic warming to 2° C or perhaps 1.5° C if studies that are now underway demonstrate that a 1.5° C warming limit is necessary to prevent catastrophic harms. The UNEP report found that even if nations meet their current climate pledges, ghg emissions in 2020 are likely to be 8 to 12 gigatonnes of CO2 equivalent (GtCO2e) above the level that would provide a reasonable chance of avoiding the 2° C warming limit.

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

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

Moreover if the world continues under a business-as-usual scenario 2020 emissions are predicted to reach 59 GtCO2e. And so increasing the ambition of national ghg commitments is urgently needed to provide any reasonable hope of limiting warming to non-catastrophic levels. For this reason there was some hope before Warsaw that some nations would make significant increases in their previous ghg emissions reduction commitments. This did not happen. Not one single country increased its previous emissions reductions commitments in Warsaw and Australia and Japan announced they were lowering prior promises.

There is a growing consensus among many observers of international negotiations that the international community will fail to increase ghg emissions reductions commitments to levels that will avoid dangerous climate change unless nations take their ethical obligations to other nations and vulnerable people seriously. Nations continue to enter climate negotiations as if only their own economic interests count. And so, most nations are continuing to ignore their responsibilities to other nations and people when making national commitments on ghg emissions reductions.

To change this, the UNFCCC should require that when nations make emission reduction commitments they must explain three things. First, what ghg atmospheric concentration level is their target designed to achieve. Second, what is their assumption about the remaining ghg emissions budget that the entire international community must stay within to avoid dangerous climate change. Third on what equitable principle is their national target based to that would achieve the safe atmospheric ghg concentration level. In short, nations should be required to explain expressly how their emissions reduction target has been developed in consideration of equity and distributive justice.

The September IPCC report contained an emissions budget on total CO2 emissions for the entire world. If the international community limits ghg emissions to the budget amounts, there is 66% chance of preventing very dangerous warming. The IPCC said that for warming to remain below dangerous levels, the total amount of CO2 equivalent that may be emitted is 431 gigatons. This further means that the budget would be completely used up by current emissions by around 2044, just over 30 years from now. If ghgs other than CO2 that are being emitted around the world are taken into consideration, the remaining CO2 equivalent emissions budget is reduced to approximately 270 gigatons. This fact has led many climate scientists to strongly warn the international community that it is running out of time to prevent dangerous climate change because the world will exceed the budget in 25 years at current emissions rates.

In light of these reports, UNFCCC Executive Secretary of the UNFCCC Christiana Figueres said at the beginning of COP-19 that: “Global greenhouse gas emissions need to peak this decade, and get to zero net emissions by the second half of this century.

In addition to increasing national ghg emissions reductions commitments in the short-term there was some hope that Warsaw would put into place initial elements of an emissions reduction framework that would be included in the new treaty to be completed in 2015. Yet this did not happen either.

The only positive outcome of COP-19 in regard to  adequate ghg emissions reductions commitments was a decision that all nations would submit their new ghg emissions reduction commitments by the “first quarter of 2015” in time for consideration during the final treaty negotiations in Paris that year.

There was intense disagreement in Warsaw about whether levels of historical emissions should be taken into consideration in allocating national emission ghg reductions levels under the new treaty. The U.S. and European Union blocked a proposal supported by 130 nations including Brazil and China that would use pollution levels dating back to the industrial revolution to help set limits on emissions in the future. According to a November 16th New York Times report, discussions on equity and justice became an emotionally charged flash point in Warsaw.

No nation should be able to escape explaining the ethical principles on which its ghg emissions reduction commitment is based. In a previous entry in Ethics and Climate we explained why strong ethical claims can be made that nations have clear duties to reduce their emissions to their fair share of safe global emissions.

 

loss and damage

B. Funding for Adaptation.

In 2009, developed countries committed to annually mobilize $100 billion from public and private sources for climate mitigation and adaptation by 2020 in developing countries. Countries also agreed to the creation of the Green Climate Fund, or GCF, which would provide a significant portion of the $100 billion commitment.

For the most part promises to provide specific amounts of funding have not materialized. As a result the Group of 77 developing nations and China unsuccessfully pushed in Warsaw for specific funding pledges for the period before 2020.

Although there were several countries in Warsaw that made small new pledges for funding for adaptation, for the most part the developed nations have failed to identify specific amounts of funding consistent with prior promises. A decision was made that simply requests that developed countries to submit specific pledges at workshops to be convened on the issue and asks developing nations to submit ideas for a high-level ministerial dialogue on climate finance every two years, starting in 2014 and ending in 2020.

COP-19 also approved a decision urging the fledgling GCF to ensure it is operational in time to begin receiving funds next year. The decision calls for “ambitious and timely contributions” by developed countries to the fund before the next round of high-level talks in Peru.

All high-emitting nations must be required to explain, as a matter of ethics and distributive justice,  why they are not responsible for their equitable share of adaptation costs for vulnerable developing nations. In so doing they should be forced to explain whether they disagree with the “polluter pays” principle.

In a previous entry in Ethics and Climate we explained the basis for concluding that high-emitting nations have strong ethical duties to fund reasonable adaptation measures in vulnerable poor countries.

C. Loss and Damages

During COP-18 in Doha, Qatar last year, the parties agreed to establish at COP 19 in Warsaw institutional arrangements to address loss and damage in developing countries that are particularly vulnerable to the adverse effects of climate change

Issues entailed by discussions on creating an institutional response to losses and damages from human-induced climate change were particularly contentions in Warsaw. High-emitting developed nations have been particularly concerned about creating an institution that would act as a mechanism to compensate nations and peoples who are harmed by human-induced climate change.

Two questions in particular about the prospective mechanism caused controversy in Warsaw. The first was whether a new mechanism would be an independent entity within the UNFCCC, which already contains two semi-independent institutions on mitigation and adaptation. Negotiators from low-lying islands and other developing countries argued that devastating human-induced climate change damages are now visible around the world and therefore a new separate loss and damages mechanism under the UNFCCC is needed.

Some developed countries supported the creation of a mechanism but opposed the creation of a new independent funding institution and argued that losses and damages funding should fall under the adaptation framework.

A Warsaw decision established an entity called the “Warsaw Mechanism,” which would fall under the adaptation framework. However, in a concession to vulnerable nations, the decision included a provision to reassess the mechanism after three years. Most of the details of the. role, funding, and makeup of this mechanism await future likely very contentious negotiations

The United States and other nations have resisted discussing responsibilities for loss and damages from climate change for several reasons including the fact that assigning specific responsibility for harms is a difficult question about which reasonable people may disagree.  These countries should be required to explain why they are ignoring the “polluter pays” principle and ethical responsibility that is entailed by basic principles of distributive justice.  In a previous entry in Ethics and Climate we explained the basis for concluding that high-emitting nations have strong ethical duties to compensate losses and damages from human-induced climate change particularly in vulnerable poor countries.

D. Preventing Deforestation and Degradation, REDD+

Since 2005, UNFCCC negotiations have worked on establishing a program on reducing emissions for deforestation and degradation of forests usually referred to as REDD+. Conquering deforestation is an important element in a global solution to climate change as emissions from loss of forests represents approximately 20 percent of worldwide greenhouse gas emissions.

Establishing REDD+ has been challenging for several reasons including establishing credible quantitative measures for measuring precisely the amount of emissions saved from programs that prevent emissions from deforestation, assuring that the emissions saved by funded REDD+ projects  are permanent, and determining how investments in deforestation programs might work with other market mechanisms under the UNFCCC.

Warsaw made considerable progress on for REDD+ issues that included a series of seven decisions that outline issues relating to payments to developing countries implementing REDD+ projects, a framework for establishing a formal REDD+ mechanism, some rules for creating performance-based financing mechanisms, and forest monitoring systems, and establishing forest reference levels among other issues.

Because all high-emitting nations have clear ethical responsibilities to reduce ghg emissions to their fair share of safe global emissions, high-emiting nations should be required to explain how they will reduce their ghg emissions to their  fair share of safe global emissions if they do not financially support programs that reduce forest degradation.

The next COP will be held in Lima, Peru in December of 2014 which will mostly focus on the details of the new international climate agreement that is scheduled to be completed in 2015.

Conclusion

Ethics and justice issues were central to the most contentious disputes in Warsaw particularly in regard to ghg emissions reduction commitments and funding for adaptation and loss and damages. This fact was recognized by the international media covering Warsaw more frequently than ever before as we have explained in a previous entry here on Ethicsandclimate.org. Yet neither nations or the press covering Warsaw appear to be recognizing the significance for climate policy of the equity, ethics, and justice issues. For this reason, there is a continuing urgent need to increase awareness around the world of the practical significance of the ethics and justice issues for policy.

E.,Lyman and D. Scott ,  Warsaw Climate Talks Produce Progress On Finance, Loss and Damage, Forests, BNA, http://www.bna.com/warsaw-climate-talks-n17179880357/ . (last visited Dec., 14, 2013)

Figueries, Christina, UNFCCC: Warsaw COP “pivotal moment to step up climate action”, Clean Technology, http://cleantech.cleantechpoland.com/?page=news&id=113&link=unfccc-warsaw-cop-pivotal-moment-to-step-up-climate-action- . (last visited Dec., 18, 2013)

Intergovernmental Panel on Climate Change, (IPCC, 2013),The Physical Basis for the Science, http://www.ipcc.ch/report/ar5/wg1/#.UqwUWKX_MpE. (last visited Dec., 14, 2013)

A. Morales, 2013, U.S., EU, Reject Brazilian Call for Climate Equity Metric, Bloomzberg News,  No, http://www.bloomberg.com/news/2013-11-15/u-s-eu-reject-brazilian-call-for-climate-equity-metric.html, (last visited  Dec 18, 2013)

Roz, Pidcock, Carbon briefing: Making sense of the IPCC’s new carbon budget, http://www.carbonbrief.org/blog/2013/10/carbon-briefing-making-sense-of-the-ipcc’s-new-carbon-budget/(last visited Dec., 19, 2013)

Stephen Meyers and Nicholas Kulish, , Growing Clamor About Inequities of Climate Crisis, New York Times, November 16, 2013, http://www.nytimes.com/2013/11/17/world/growing-clamor-about-inequities-of-climate-crisis.html?_

United Nation Environment Program (UNEP), 2013, Emissions Gap Report, 2013, http://www.unep.org/publications/ebooks/emissionsgapreport2013/

United Nations Framework Convention on Climate Change, (UNFCCC, 2011)(FCCC/CP/2011/9/Add.1, http://unfccc.int/bodies/body/6645.php.  (last visited Dec, 15, 2013)

UNFCCC, 2013, Further Advancing the Durban Platform Draft Decision-/CP.19, http://unfccc.int/files/meetings/warsaw_nov_2013/decisions/application/pdf/cop19_adp.pdf (last visited Dec.16, 2013)

UNFCCC,  2013, Work Program On Long-Term Finance, Decision -/CP.19, http://unfccc.int/files/meetings/warsaw_nov_2013/decisions/application/pdf/cop19_ltf.pdf

UNFCCC Decision, 2013, Approaches To Address Loss And Damage Associated With Climate Change Impacts In Developing Countries That Are Particularly Vulnerable To The Adverse Effects Of Climate Change To Enhance Adaptive Capacity FCCC/CP/2012/L.4/Rev.1, http://unfccc.int/resource/docs/2012/cop18/eng/l04r01.pdf (lasted visited December 17, 2013)

UNFCCC Decision, -/CP.19, Warsaw Mechanism for Loss and Damages Associated With Climate Change Impacts, https://unfccc.int/files/meetings/warsaw_nov_2013/decisions/application/pdf/cop19_lossanddamage.pdf (last visited  Dec 16, 2013)

 

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Widener University School of Law

Visting Professor, Nagoya University, Nagoya, Japan

Part Time Professor, Nanjing University of Information Science and Technology, Nanjing China.

dabrown57@gmail.com

 

 

 

 

 

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

adaptationadaptation picture

I. Introduction 

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

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

II. Ethical Responsibility for Funding Adaptation

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

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

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

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

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

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

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

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

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

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

(Burton et al. 2006)

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

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

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

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

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

• States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction (UN 1992b: Principle 2, emphasis added).

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

• States shall develop national law regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their ‘s point is he or hejurisdiction or control to areas beyond their jurisdiction (UN 1992b, Principle 13, emphasis added).

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

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

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

• The Parties should take precautionary measures to anticipate, prevent, or minimize the causes of climate change and mitigate its adverse effects. Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into account that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost (UN 1992a: Art 3, emphasis added).

 

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


loss and damage

 III. Responsibility for Compensation for Climate Change Harms

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

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

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

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

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

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

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

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

References:

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

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

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor

Sustainability Ethics and Law

Visiting Professor, Nagoya University, Nagoya, Japan

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

Nanjing, China

 

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

warsaw

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

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

 

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

 

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

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

  1. Historical emissions

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

  1. Loss and damage

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

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

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

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

By: 

Idil Boran

 iboran@yorku.ca

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

 

climate justice

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

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

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

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

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

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

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

Slide22

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

Slide23

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. the “polluter pays,”

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

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

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

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

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

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

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

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

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

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

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor,

Widener University School of Law

Harrisburg, Pennsylvania

Visting Professor, Nagoya University,

Nagoya, Japan

Part-time Professor

Nanjing University of Information Science and Technology

Nanjing, China

dabrown 57@gmail.com