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

 

 

Degrees of Responsibility for Climate Catastrophe

Editors Note: The following entry has been written by guest bloger, Michael Hoexter. This entry was first published on the Web Site New Economic Perspectives on February 27, 2014. We republish this article with permission of the author because it contains a number of excellent points about the ethical dimensions of climate change particularly in regard to who should be understood to be responsible for the failure of the United States to take adequate action on climate change. This analysis concludes that different parties should be differentially responsible for inaction on climate change. In addition, the article makes several compelling arguments for the urgent practical need to understand climate change as an ethical and moral problem. The article also explains why government action on climate change is indispensable to an adequate climate change solution, that is, why market solutions such as cap and trade or even carbon taxes will not alone create an adequate US response to climate change.  

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Degrees of Responsibility for Climate Catastrophe

The climate crisis is an event with such profound personal and broadly social moral implications that many shy away from discussing the crisis itself let alone its ethical aspects. Via our society’s use of fossil fuels we are, if our combustion of these fuels remains unchecked and in addition we further destroy the carbon fixing capacity of natural systems, destroying almost all wealth, the likelihood of their being future civilizations, and even the possibility for existence for future generations. To continue ignoring climate change and effective climate action is definitely an après moi le deluge stance, an expression of callousness and self-absorption unsupportable by moral justification. Morality and ethics is here not an exotic preoccupation of a select group but a basic reality-check: does what we are doing make sense and promote the general ends to which these activities are devoted? How do we assess our own agency and role and those of others, in events that are occurring around us and will with very high likelihood exacerbate in the future?

In addition to the lulling effects of the organized climate denial industry as well as propaganda for fossil fuels broadcast in all media channels, one of the difficulties facing climate change activism is that, taking effective, durable action is not primarily an individual phenomenon but a massive group enterprise, ideally with full participation and leadership by governments. It is difficult for people to understand how a sense of personal ethical obligation, which people may or may not feel, can translate into effective action, given the uncertainties and variability of the participation of others and of the varying, non-existent, or contrary commitments of social institutions to the necessary changes in our energy system. With some justification, people on the ground believe they are, in their isolation, too small and insignificant to remake the energy basis of society and the economy.

Also, because the way to effective climate action is not clearly in mind, people who do not feel themselves to be in positions of power or influence might resent people pointing out, as I am doing now, their role, moral or otherwise, regarding climate change. We are living in an age where people feel that ethical appeals, more generally, are felt to be a hindrance to living one’s life unencumbered by obligations to others, that ethics competes with and impedes the light sense of freedom that is one of the sought-after states of mind in our time. Often this sense of freedom is defined by many throughout the developed and developing world as a choice of a variety of consumer goods for immediate or near-term consumption. The attachment to near-term pleasures can even turn into a form of climate nihilism, a philosophical rejection of ethics in favor of sensuous pleasure über alles. Nihilism’s formal severance from ethical considerations in turn leads ultimately to an acceptance or enactments of varying degrees of psychopathy/sociopathy and eventually to the collapse of civilization.

new book description for website-1_01As of late, the North American climate action movement and outspoken climate scientists such as Michael Mann have focused on counteracting the massive propaganda and obfuscation campaign that has delayed climate action. Fingers have been pointed at the fossil fuel industries and their role in creating clouds of doubt and confusion around the findings of climate science, while continuing to profit from climate change denial and or fossil fuel addiction. The climate movement is pointing out that unconventional fossil fuel extraction techniques (fracking, tar sands excavation, deep-water drilling, mountaintop removal coal mining) are leaving or will leave toxic wastes and scars on the landscape as the fossil fuel industry gouges and lacerates the earth in search of combustible fossil resources. The freight rail network in North America is being turned into a conduit for crude oil from the landlocked Canadian tar-sands and the Bakken Shale, as construction timelines and permitting decisions are awaited for new pipelines. It appears that conventional oil has reached its peak and is, as well, controlled by sovereign oil companies not the oil majors.

Local groups and national environmental organizations are attempting to combat fracking operations, pipeline build-out and crude-by-rail programs either by reference to their local damages and risks, or too little, in my opinion, via reference to the impact of these activities on global warming. I am active in groups that are focused on halting the expansion plans of the fossil fuel industries including the Keystone XL pipeline and yet the climate movement is still figuring out how a focus on local damages and pollution translate to action on the global long-term issue. The phrase “leave it in the ground” has started to gain currency, though it appears not have yet become the central demand of any national campaign. Recently, activists in our area have created the slogan “NIMBY => NOPE” (“’Not in My Back Yard’ to ‘Not on Planet Earth’”).

While some of the defenders of the fossil fuel industries deny climate change, there are others like President Obama and those who support his energy policy, who simultaneously admit that climate change is a problem and continue encouraging the expansion of fossil fuel extraction and therefore its ongoing use. The MSNBC commentator Ed Schultz, known as a progressive, has voiced support for the expansion of the Keystone XL pipeline as does his frequent guest, the supposed progressive and would-be challenger to Hillary Clinton’s candidacy for President in 2016, former Governor Brian Schweitzer of Montana. Schultz, to his credit, has been devoting considerable time on his air to the issue of the pipeline, and may be reconsidering his stance. As another MSNBC commentator, Chris Hayes, points out, the stance of Obama and others, that they are against global warming but for the building of new pipelines, are the protestations of fossil fuel addicts, who haven’t yet confronted their addiction.

And it is and will be very difficult for us, particularly here in North America, to confront our fossil fuel addiction as well as lessen our impact on the climate more generally, individually and also as a society as a whole. We are, all of us, in various positions along a continuum of lesser to greater individual or family climate virtue, whether by intention, by pre-existing preference, or by level of means, though in the developed societies, we are as individuals and families bunched towards the less virtuous end of the spectrum in terms of the stability of the climate. However, as many people know, individual and familial efforts even if all of us were paragons of climate virtue within our various means, do not add up to the systemic changes required to cut emissions on a grand scale across the economy. The vision of climate action as simply the accumulation of individual and familial choices overlooks the importance of public goods like infrastructure and the design and locations of cities and towns, which can only be changed by government action or other coordinated collective means. This fact alone reveals that market-based instruments (either cap and trade or carbon taxes) are more likely auxiliary policies rather than the central policy structure to transform our societies. Carbon pricing instruments, at least in the form of a gradually escalating carbon price, are “nudges” when we are needing in many areas a reversal of direction and a major concerted push, or time will have run out on our best intentions.

Chicken and Egg: Demand- vs. Supply-Focused Campaigns

Among those who have taken some interest in addressing climate change, there have over the last decade or so been discussions about whether a focus on curtailing the activities of the fossil fuel industries or a focus on reducing demand for fossil fuels is the right single or leading method to move society into a transition away from fossil energy. Economics is divided on the subject of what is the primary cause of business activity in general, though strangely in the area of curtailing fossil fuel use, almost everybody is a “Keynesian” in the sense of theorizing a demand-led business cycle. Keynes is the most influential economist who challenged the old dogma of Say’s Law that states that supply creates its own demand; i.e. “build it and they will come”. With, in theory, supply no longer controlling the business cycle, Keynes advocated stimulation of demand via government spending and/or tax cuts as a cure for economic depressions caused by what turned out to be a collapse in demand.

With fossil fuels, a large majority of economists that contemplate climate action advocate a price on carbon, either a tax or a permit to emit, which would reduce demand for the fuels without restricting supply. By contrast, this is the reverse of the current right-leaning consensus among policymakers regarding what to do about unemployment, which prescribe, almost exclusively, supply-side solutions. The unemployed or youth are said to lack the proper skills, so the focus is on skills training and educational reform would supposedly create jobs. Meanwhile few economists are advocating curtailing the activities of the fossil fuel industry or rationing fuel, both supply-side measures, to meet the challenge of global warming. This could be seen as a tribute to the relative political power of the fossil fuel industries and high-consumers of fossil energy (large corporations and the affluent) versus the power of the unemployed and youth; the former are treated, if at all, with gentle “nudges” while the latter are viewed as “clay to be molded” by elites.

Demand and supply-side interventions have different ethical implications, with ethics being the social discourse about how we manage our own agency or agencies (our “doing”) in the light of what is best or better for us or for a greater community or some combination thereof. Policy focused on reducing demand for fossil fuels starts from the premise that we are not able by internalizing legal-ethical mandates/strictures, foresight, and rational planning to change our behavior. Only after incurring a succession of monetary losses or anticipated losses from the “sin” tax or increased price do “appetites” for fossil fuel use diminish: consumers, as they have limited monetary resources, figure out for themselves the trade-off in monetary terms of one set of appetites for another and start choosing the higher benefit-to-cost satisfactions. The process of choosing between those appetites, or the restriction of the satisfaction of other appetites because of a lack of funds, leads eventually, in some, to a waning of interest in the targeted product or service. A supply-side restriction, such as rationing or cutting off certain types of fossil fuel supply (reducing overall supply), assumes that people are able to rein in their appetites via either their own internalized moral compass, or they accept the legitimacy of the external moral instance of government or the community to regulate their usage of, in this case, fossil fuels

The divide between supply- and demand-side policies is a byproduct of mainstream economic assumptions and academic disputes that some heterodox economists criticize, yet have not yet presented an alternative causal model of business and sectoral development. Presented in current contretemps between self-identified Keynesians and anti-Keynesians as an “either/or”, a longer view look at economic history suggests that the causal role of supply and demand are historical and sectoral snapshots of the complex unfolding of the actual economy. Due to the rapidity of energy transition required for human civilization to survive as well as the need for a change in energy systems, a combination of supply- and demand-side measures are required, together applied with as much force and speed as possible and effective. Supply-side restrictions of fossil fuels, for instance, would create a feedback loop where a restriction of supply will for instance act as a virtual “carbon tax” as oil companies charge more for their scarcer product. This should be seen as intentional rather than accidental, if one is advocating that both supply and demand be simultaneously curtailed. At the same time, government needs to supply or help design and subsidize the building of many of the connective pieces of a zero-carbon infrastructure. A new source or switch of suppliers is not well theorized by the supply-demand framework.

Even the institution and maintenance of an effective demand-side policy, advertised as the more moderate and “reasonable” solution, would in reality require a high degree of ethical commitment by the polity to effective climate action, more than the neoclassical economic fantasy of what constitutes the human being could accommodate. A behavior-changing carbon price (a tax or fee) of perhaps $150-200 per metric tonne CO2-equivalent emissions (with or without a refundable tax credit, sometimes called a dividend to blunt its regressivity) would require sacrifice differentially among economic sectors and groups, as well the need to change comfortable habits and ways of life. Such sacrifice would need to be openly acknowledged beforehand, requiring people, as citizens beyond their roles as consumers, to develop an ethical commitment to the large-scale task of preventing climate catastrophe.

Primary, Secondary and Tertiary Responsibility for Climate Catastrophe

 A political campaign on climate that focuses its anger and claims of responsibility only on the role of the fossil fuel industries and their political surrogates is naïve: their power is sustained by the number of paying customers available for their products, as well as their accumulated wealth from a 225-year history of fueling industrial growth via fossil energy. On the other hand, campaigns that focus only on demand-side policy, on the population’s demand for cheap, polluting fuel, tend to overlook the effects of the massive political-economic disinformation campaign by the fossil fuel industries and their political surrogates on laming climate action once human-caused climate change was recognized internationally as a problem around 25 years ago. The assumption of demand-side policy is that our “appetite” for the products and services that fossil fuels enable is the driving force and therefore a wide-swath of the developed world is culpable for climate catastrophe.

Holding ordinary consumers in the developed world responsible on an individual basis for the continued dominance of fossil fuels either implicitly or explicitly is unfair and unrealistic. Some combination of an appeal to the moral sense of each individual as well as an appeal to macroethical justice for those who have delayed climate action and profit from climate inaction is required for climate action to be both heart-felt by many and also politically and economically astute.

Furthermore, there is a third category of people who have neither made executive decisions nor consumption/purchasing decisions that have had significant climate impacts. Some of these people live in poverty in the developing world or are too young now to have made significant decisions about how to live their lives yet. These people will pay the price of the decisions of others yet are or will become responsible for protecting the climate from further negative change and devastation of a conducive life-world for them and humanity more generally. Their responsibilities then start now or lie in the future.

I am proposing then that we subdivide responsibility into three categories or levels with regard to climate change, though this type of subdivision may be applicable with other large scale societal institutions and events. In delaying action on climate, some people have had a much greater role than others in prolonging our addiction to fossil fuels. As a parallel example, many legal jurisdictions, for instance, assign a higher culpability to drug pushers/dealers than to drug addicts, though unfortunately the latter group is in the United States subject to excessive legal penalties for non-violent drug offenses. The dealer/user distinction found in many legal codes should be carried over to the politics and ethics of global warming.

Around global warming then, at the current juncture in history, we can say that there are those who have primary moral responsibility for causing climate catastrophe, a much larger group of those who have secondary ethical responsibility for climate catastrophe, and a still larger group who are bystanders in terms of causality of global warming to date but will need to assume some responsibility in solving the climate crisis. The growth of a political movement will be in part by determined by how these relative responsibilities as we will see below will be addressed by climate politics and climate policies.

Historical Responsibility and Present-Day Responsibility

 With large-scale complex systems such as energy infrastructure, an industrial economy, or an entire civilization, it is fair to distinguish between historical responsibility and ethical responsibility. The socially-constructed complex systems we live in are the product of generations of decisions and actions by our ancestors as well as those now living, some of whom may be retired from positions of power and authority. There are those who set up and reinforced the fossil-fuel-dependent industrial base of our civilization who were and are responsible but cannot be said, because of their lack of awareness of global warming and the continued dominance of fossil energy up to the present to be ethically responsible for global warming. John D. Rockefeller, Henry Ford, Franklin Roosevelt, Robert Moses, Dwight D. Eisenhower and many others made crucial decisions in the design of American civilization. The American model of development remains one of the primary models for many developed and developing industrial cultures from early 20th Century onward that, of course, require a large supply of fossil energy with current infrastructure. These historical figures and others hold historical responsibility but they cannot be held ethically responsible for global warming as they were not made aware of the consequences of their actions at the time. We then can only discuss the ethical responsibilities for global warming of those in the current generation because a crucial piece of that ethical responsibility is having been made aware, in this case, by the geosciences and in particular climate science, of the consequences of maintaining the status quo in these complex large-scale systems.

Global warming emerged as a very strong hypothesis in the then-obscure scientific discipline of climate science in the 1980’s with mounting empirical data supporting the human role in increases in greenhouse gas emissions, particularly carbon dioxide. The climate science community alerted policymakers to the danger in the late 1980’s with among other events, James Hansen’s dramatic testimony to Congress during the heatwave of 1988. From these interactions and subsequent meetings between policymakers, there eventually emerged in 1997 the UN Framework Convention on Climate Change with the Kyoto Protocol and its emissions-trading (cap and trade) instrument selected as the general policy tool to reduce emissions worldwide. Emissions trading is an implementation of the economic idea of carbon pricing, the idea that an escalating carbon price will shape economic behavior to emit less greenhouse gases, while supposedly being able to meet an overall “cap” in quantity of emissions, set by policymakers. While the Kyoto Protocol had already been set into place as the primary solution to climate change, the historian of science Stuart Weart marks the point at the year 2001 where climate scientists had actually reached a consensus that human activity was warming the planet via GHG emissions and land-use changes, the former largely from fossil fuel use.

Having been alerted of an impending catastrophe in 2001, perhaps in terms that were soft pedaled at the time and filtered through the politics of national governments, it can be said in theory that all adults in the world were at that point informed enough to know that they had an ethical responsibility as citizens and consumers to address climate change. Even if the emissions trading instrument chosen by the UN was and is opaque and faulty, as it turned out to be, theoretically it was then and is now incumbent upon people as citizens to correct or amend climate policy.

However, in reality, a number of trends and events have intervened that make it unreasonable to have conferred responsibility upon all adults in 2001 when the climate science consensus was formed. Unfortunately, it has required a real degradation in the climate and a series of failures of the cap and trade instrument before it is reasonable to assume that ethical responsibility has been fully transferred, in varying degrees, to all adults in the world. In the intervening time between 2001 and today, the international and various national policy communities, outside of a few nations like the US and China, were claiming that it was on the road to “solving” the climate issue with emissions trading. I have devoted a good portion of my writing over the past decade to showing how insufficient and ineffective emission trading is and also a diversion from leaders’ and citizens’ primary ethical duties to act on climate change. It may be that the transmission of ethical responsibility is not yet complete until it is made abundantly clear that:

  1.  It is incumbent on everyone to act in some way to save the climate.
  2. Existing solutions and actions are insufficient to address climate.
  3. There must be a search for new solutions on political and economic levels to climate.
  4. These new solutions must be implemented until such time as we see radical reductions in the emissions of warming gases.

This document is part of this transmission of responsibilities.

The climate change denial industry acts as an effort to delay the realization and transmission of ethical obligations as well as deflect accusations of immoral behavior or deficient character on those who continue to drive us toward climate catastrophe. By attacking the level of certainty that people may hold with regard to either the existence of or human causation of global warming, climate change denial has attractions for those outside the inner circle of beneficiaries from the fossil fuel industry who do not want to reckon with either changes in their own lifestyle or with the increased role of government required by effective climate action. Climate denial functions to blunt either the pangs of internal conscience or to deflect accusations of climate destruction or sluggish inaction.

As hinted at above, ethical responsibility with regard to taking action on climate is not discharged simply by committing to a putative or first-offered greenhouse gas emissions reduction plan, but effectively seeing through the execution of that plan. If the plan first selected is ineffective or not sufficient effective, either via prima facie analysis based on its highly likely outcomes or by empirical results, then continued subscription to the initial reduction plan becomes itself as unethical as inaction. One’s ethical responsibilities in this case are discharged by effective actions, not by expressions of good intention or commitments to climate virtue in the future.

Primary Responsibility for Climate Catastrophe

As discussed above, responsibilities and therefore accusations of culpability with regard to the impending climate catastrophe should not be equally distributed. Responsibilities are differentially distributed in society already by the different levels of power that people exert in relationship, largely, to their roles in the social institutions relevant to a given phenomenon. A fire chief is more responsible for extinguishing fires throughout a town than a baker or for that matter a trainee in the fire department. Now, 13 years after 2001 and 22 years after the 1992 Rio Summit that initiated international action on global warming, we can determine with a high degree of certainty that some people bear primary responsibility for at least the last decade if not the longer 22 year delay in substantive climate action. To bear primary responsibility means to have been exposed to the overwhelming scientific data and analysis on anthropogenic global warming and willfully and misleadingly denied or acted in ignorance of that consensus. Additionally primary responsibility for climate catastrophe falls on those who bear substantial responsibility by dint of economic positioning, scientific obfuscation, political patronage, political influence or political position as to the direction of our political-economic system, where that system effects our society’s energy and land use and therefore climate impacts.

The following categories of people then bear primary responsibility for the impending climate catastrophe, if they do not soon change their course by attempting to radically change the course of the institutions they are involved in (which is not always possible), agitate in the public sphere for immediate and thoroughgoing climate action and/or to publicly leave those institutions, transferring a substantial portion of their financial gains to investments in or contributions to effective climate action. Though they are primarily responsible for the continuance and acceleration of global warming, those primarily responsible for the disaster should not expect to be responsible for the solutions, though they should at least get out of the way of those solutions, for their sake, the sake of their children, and for the sake of humanity more generally. Some individuals will fit more than one category of the following:

 1) “Denier-Leaders” – Political leaders that over the past 13 years to the present have promoted denial or unscientific doubt of anthropogenic global warming and its highly likely negative effects or have promoted, voted for, passed into law or administered local, regional or national government’s transport, land use and energy policy as if there were no ongoing catastrophic, human-caused global warming trend. Much of the current U.S. Republican Party leadership and Congressional delegation as well as the leadership of other right-wing parties in a number of countries including Canada and Australia are thus primarily responsible for the continuation of our global warming trend. These politicians can be viewed as spokespeople for the fossil fuel industries of their countries. The slightly more respectable “doubter” position has similar effects to “denial” in sensitive positions where the critically important instrument of government is either put to work to change the energy system or in the case of denier-leaders, used to reinforce the fossil energy status quo.

 2) “Lip-Service Leaders”- Political leaders on the local, regional, national or UN levels that acknowledge human-caused global warming exists and is a problem but either a) support the expansion plans of the fossil fuel industries as they veer into “extreme” extraction techniques, b) support “fig-leaf” or ineffective climate policies such as most existing emissions trading schemes, c) continue to subscribe to the fiction that natural gas is a “bridge” fuel to a greener future or d) some combination a) , b) and c). Many of the center and left-leaning political party leaders and political representatives in the US and around the world fit into this category. Barack Obama is a leading example of category “d)”. Likewise the leadership of fossil fuel exporting nations such as Russia that acknowledge climate change but are sluggish to implement effective policies are similarly primarily responsible for global warming. The weakness of the policy proposals and leadership on climate of this group is a reflection of compromises that these groups make with climate deniers, with the power of the fossil fuel lobbies, and with the dominance over the past 30 years of neoliberal theories of government’s fallibility and the market’s infallibility. However their stance and the policy infrastructure they have erected are, in many ways, a dangerous diversion of attention from designing and implementing more effective and timely climate action that involves both direct investment by government as well as regulation of markets via rule-making and tax policy/direct carbon pricing. Both “Lip-Service Leaders” and “Denier Leaders” are avoiding the difficult though necessary confrontation with both the fossil fuel industries and with their own political constituencies. These leaders have turned away from the task of preparing their constituents to wean themselves off or pay more for fossil-dependent conveniences available in developed nations. Additionally these leaders have avoided providing their constituents with the public funding and programmatic guidance to enable them to devote themselves to remaking the energy and transportation basis of our societies for their and for future generations’ benefit.

 3) “Climate Destruction Sponsors” – There are some extremely wealthy people, most of which have or have had substantial investments in fossil fuel extraction and sales who have funded climate science denial efforts by institutions such as the Competitive Enterprise Institute and the Heartland Institute as a means of delaying action on climate change. These are the funders of the odd collection of scientists that Naomi Oreskes has termed “the Merchants of Doubt”. The Koch Brothers and the corporate leadership of Exxon/Mobil are the most famous of these funders, who also have almost their entire business empires devoted to fossil fuels. There are also a large tranches of funding that are donated as “dark money” via Donors Trust and Donors Capital Fund directed in the direction of delay of climate action. These sponsors (who may also be profiteers from delay of effective climate action) cloak their activities in the rhetoric of “freedom” or the fictions of free market economics, distracting themselves from the physical consequences of our emissions trajectory as well as distracting others from their often substantial financial interests in climate destruction.

 4) “Climate Destruction Profiteers” – There is substantial overlap between the “sponsors” group and those who profit from the destruction of the climate but what I am calling the “sponsors” have shrouded themselves in the ideological mantle of the dominant neoliberal political philosophy that idealizes markets. The Koch Brothers are of course also profiteers on the destruction of the climate as are major stockholders and share owners of large and medium-size fossil fuel companies. There are others, high level employees and strategists of major oil companies, who are driving the business of fossil fuel extraction and can no longer take the defense that they were just following orders. The same goes for passive fossil fuel investors, who have become the target of the “Go Fossil Free” fossil fuel divestment campaign. At some point, at lower level employees or small service businesses within the oil, gas and coal industries, the argument can be made that the existential needs of their families keep them in the business, rather than the accumulation of profits. At these lower levels of the organization or market segment, it can be no longer said that they bear primary responsibility for climate catastrophe and their work or business would simply be replaced if they withdrew bids for business, if they quit, or would be fired if they sought to change the terms of their work.

 5) “Media Deniers/Equivocators” – Newspapers, magazines, television, and Internet journalism play key roles in telling people what they should think about and how they should think about it. While there are obvious prominent owners of right-leaning media, like Rupert Murdoch of Fox News and News Corporation who are climate change deniers or “doubters”, the media in general in the United States and other key countries has suppressed or downplayed the story of global warming, delegating it to obscure web-only blogs or leaving it out entirely of their offerings. Instead of a steady drumbeat of stories reminding people of the present danger, media outlets have tended to reflect the “comfort zone” of a political spectrum where one side is devoted to half-measures and lip service while the other is militantly against the idea of human-caused global warming because it contradicts their political-economic ideology. Many media outlets for too long have seen their work as trying to “split the difference” between two opposed sides on a number of issues, including global warming, rather than investigate the terrifying facts, report those facts as well as who is representing those facts more truthfully. In the United States, a critical role has been played by among others by environmental reporter Andrew Revkin, who at a critical point turned over his blog at the New York Times to largely serve as a forum for doubt and contrarianism about basic climate science. It cannot be underestimated how much the doubt sowed by supposed environmental journalists has distracted readers from the critical questions of how to deal with impending climate catastrophe.

 6) “Characterological Contrarians/Merchants of Doubt” – The fodder for much media coverage of climate change has been supplied by the self-styled courageous “skeptics” that claim to challenge the climate science consensus that human activity is driving global warming on supposedly scientific grounds. Using scant data and ignoring most findings that suggest warming, these “merchants of doubt” have attempted to suggest that political motivations and/or sloppy science has led to the what would amount to a massive “conspiracy” of climate scientists to assert that humans are causing global warming. While in science, true skepticism is welcome, the climate “skeptics” play primarily to a political and media audience and some have received funding from the “Climate Destruction Sponsors”. While some deniers may be driven by a psychological compulsion towards contrarianism, this also leads to the “reward” for some of enjoying a great deal of attention as well as some financial support. Whether paid or simply driven to contradict for psychological reasons, this group has with the aid of the media and their sponsors, helped humanity continue on its destructive path vis-à-vis the climate, providing reassurance to the ill-informed and to those with more malevolent or destructive intentions.

 7) “Fossil-Dependent Electric Utility Executives & Large Shareholders” – One of the prime consumers of coal and natural gas is the electricity generation industry, which consumes almost all of the coal produced in the world, and a high percentage of the natural gas. While many electric utilities have built their capital intensive infrastructure around the availability of fossil energy to drive their generators, utilities have had the choice to lead the transition to a zero net emissions energy system via the use of renewable and nuclear energy to generate electricity. Electric utilities have for the most part only under the duress of regulators moved towards renewable energy and energy efficiency. Some have made gestures towards acknowledging that we live in a carbon-constrained world, only to continue on with the fossil fueled status quo. New nuclear generation has not been an option in many areas, as there have been prohibitive technical, environmental and political challenges associated with building and operating new nuclear plants. Many utilities continue to undermine the spread of renewable energy, in part because it has meant a loosening of their monopoly on electricity generation. Unfortunately this has also meant with few exceptions that they remain prime supporters of the coal and natural gas industries.

 8) “Propagandists of Neoliberalism/Neoliberal Government, Corporate and Financial Elites” – The discovery of global warming and attempts at concerted climate action have occurred within the neoliberal era, (1978 to the present). Neoliberalism is a political-economic philosophy derived from neoclassical economic dogmas and “Austrian” political philosophy that persistently holds up the idealized construct of “free markets” as infallible (and supposedly real or about-to-be-realized) and government as the nexus of fallibility in society. Neoliberalism’s over-praising of markets has supported an idealization of an increasingly deregulated private financial sector among political elites who came to believe that finance should lead the economy and was a magical fountain of wealth. Subsequently, economies in the last 30 years have become financialized, de-industrialized at the geographic metropolitan “center” where political and economic power is concentrated, highly economically unequally, and burdened down with mountains of private (corporate, financial and household) debt. Neoliberalism is the overarching current political-economic philosophy of elites, and some of these elites may believe that global warming is a problem (some are “Lip-service Leaders” or the corporate equivalent) but their neoliberal philosophy makes actual effective government action on climate to seem “beyond the pale” to them. Beyond these elites steeped in neoliberal dogma, the economists and pundits that continue to reinforce and reproduce the dogma of neoliberalism are equally responsible for removing the most important tool in the fight against climate catastrophe from the table, i.e. government committed to the public good. The following are the real effects of neoliberal governance and corporate policy that lead its propagandists and practitioners to be primarily responsible for climate catastrophe:

 In the first 20 years of carbon policy, as noted above, policymakers’ almost exclusive focus on “market-based” policy rather than the combined political-economy as a whole including direct public investment and utilizing the policy space available to monetarily sovereign government in the area of fiscal policy more generally.

In turn, the choice of a market regulation that relies on a financialized concept (emissions trading) rather than a binding tax obligation. Emissions trading systems have been intentionally riddled with loopholes to enable companies to postpone cutting emissions as well as mute the carbon price signal that would favor the lower-emitting products or services on the market.

The politically- or philosophically-motivated devaluation of the reputation of government by neoliberal academics, business leaders and government officials has made much more difficult the effective deployment of government to address climate change. Governments not markets, particularly monetarily sovereign national governments, are the central institution to transform the energy and systems and social practices that require fossil fuel inputs.

The ballooning of private debt in step with worldwide ballooning of real estate/asset bubbles is a product of a financialized political economy that has shunned public provision of financial assets via government spending in favor of debt issuance by banks. Mounting private debt claims a portion of nominal economic growth for debt service and therefore increased emissions that contributes only to the welfare of the credit issuers, mostly large financial institutions or speculative traders and not to overall social welfare or, on average, net incomes of the borrowers.

 9) “Austerity-Mongers” – A subset of neoliberals and the latest iteration of the neoliberal philosophy after the 2007-2008 financial crisis are the advocates of fiscal austerity, which is a hyperaggressive campaign of sabotaging government functions from within by arbitrary restriction of government spending, leading to the giveaway of public functions and assets to supposedly more efficient “market” actors, i.e. private corporations. The pretext for this fire-sale of the public sector is the intellectual and/or politically-motivated confusion in mainstream economics of financially-constrained local, regional, and Euro-Zone nations that do not control their currencies and the governments of countries like the US, Great Britain, Japan and many others that issue their own currencies. Austerity-mongers claim that all public entities are “running out of money” for social programs and public spending projects, when the latter can at will create more currency units to pay for necessary projects. Austerity advocates are knowingly or unknowingly the useful idiots of the bloated financial sector, as artificially limiting government expenditure and giveaways to public assets, makes more room for and dependence upon private debt issuance. While some austerity mongers, like David Cameron in Britain, claim to care about global warming and may believe that the fictional shortage of government money he promotes is a stand-in for the real shortage of atmospheric assets of the earth, the overall effect of austerity is to, as with neoliberalism more generally, to undermine the critically important instrument of government at exactly the time when it is needed most. One leader of the U.S. austerity drive, Wall Street billionaire Pete Peterson, seems to have no position on climate change but nevertheless continues on his quest to hand financial dominion over the economy to Wall Street and scuttle the power of government to mobilize real assets by public spending for public purposes. The timing of this drive for power by the private financial sector, cloaked in the rhetoric of fiscal prudence, could not come at a more inopportune time for the collective good of the current and future generations.

 10) “Leaders of Large Organizations without a Low-/Zero-Carbon Strategy” – Besides electric utilities, much fossil energy or electricity generated by combusting fossil fuels is consumed by large corporations, non-profit organizations, and departments/ministries of various governments throughout the world. These large organizations are some of the major customers for oil companies, gas and electric utilities, sustaining demand for fossil energy. While a high-enough carbon tax/fee would provide a financial incentive for organizations to transition off carbon-based energy, it makes sense for many to anticipate this move by starting an energy transition before it is a requirement. Those organizations that move sooner will have greater advantages and also contribute less to emissions overall. For some sectors this is much more difficult than others and therefore the obligation is greater for leaders of organizations in sectors where technological or organizational process choices already exist.

Secondary Responsibility for Climate Catastrophe

Those primarily responsible for accelerating and exacerbating the degradation of the climate do not generally make decisions in isolation about energy policy or the course of our society but as part of larger social systems in which there are many participants, workers, co-beneficiaries and counter-parties. The use of fossil fuels has made the physical lives of many in these countries much easier, as human labor is either aided or replaced by mechanical work fueled largely by fossil fuels. While these fuels may have brought into the production process primarily to increase profits for the owners of a business, the mechanical work of machines has had secondary benefits for workers especially with the advent of consumer durables and Fordism, the ability of those in the lower middle and working classes to afford major energy using devices like automobiles.

The powers and convenience conferred on poor, working-class, and middle-class individuals by participation in a majority fossil fueled energy system are great in comparison to the existence of those in “Dickensian” early industrial society and in comparison to those in underdeveloped societies currently. Much of the relative physical ease of those in developed nations would be much sought-after by those who must do hard physical labor to enjoy just a basic and uncertain subsistence in those underdeveloped societies. Most residents of the wealthier OECD countries (Western Europe, North America, Australia, Japan) and many of the wealthier residents of the less wealthy OECD (Eastern Europe, Mexico) and developing countries have secondary responsibility for impending climate catastrophe.

It is patronizing and fatalistic to assume that people in positions of relative but not absolute powerlessness, who nevertheless benefit from a high carbon-emitting society, are entirely bereft of the ability to chose and therefore of power. With that power comes moral responsibility, especially as their/our activities and choices lead to durable “memorials in the sky” in the form of carbon emissions.

So while there are those with primary responsibility for the ongoing climate catastrophe, who have had a central decision-making role, there are largely passive beneficiaries who can additionally be used as ideological cover by those with primary responsibility. The benefits that the services that this broader swath of the population enjoys from our energy- and carbon-intensive society can be put forward as a quasi-sacred duty, by those who defend the energy status quo. And many who enjoy these conveniences agree that these are indeed valuable goods or services offered by our energy-intensive society.

However, that these enjoyments are leading to a negation of all of our work and our desires to build a future for our family and loved ones should give us all pause. The question for each remains: “Which is more valuable: our current satisfactions or the satisfactions of many future generations?” It is this, what I am calling “secondary”, moral responsibility that can be the basis of action as citizens and consumers start upon the road of transforming societies and economies. Without recognizing this secondary moral responsibility, a movement for climate action will be inconsequential and unserious.

Prospectively, the movement for climate solutions draws from those who are secondarily responsible for climate change as political activists and leaders. This process involves recognizing one’s own agency and choices, an ethical process, and fomenting a broader discussion and subsequent actions that remedy to some degree the damages done to the viability of the earth for human life and civilization.

Tertiary Responsibility for Climate Catastrophe

 Furthermore, there are many people in the world, mostly the billions of poor in the developing and underdeveloped world, who may wish to enjoy the ease and benefits of a supplementary-energy powered society but have not yet enjoyed them. Or they may be satisfied with some version of their own current lifestyle with or without the addition of some of the conveniences offered by supplementary-energy powered technology. While they have had very little of the benefits of fossil fuel use, there are still matters of choice and moral agency which are entirely their prerogative, as the climate catastrophe sweeps the globe.

Those with tertiary moral responsibility, who aspire to a better life, have a choice to pursue a more or less carbon-intensive lifestyle and development path, even as they are by international agreements entitled to pollute more than those who pollute less. Secondly, as the effects of climate change mount, it is incumbent on them, as it is every individual, to help protect their families and their nation more generally from the effects of climate chaos. They could become powerful political agents and world political leaders, which is a process that involves moral choices, in favor of climate solutions that makes the earth more habitable for all.

Degrees of Responsibility Counteracts Psychological “Splitting”

While the notion of degrees of responsibility may seem obvious, this is a departure from the assumption of a “perpetrator-victim” or “transgressor-transgressed” model for relationships assumed by many who discuss the relative blame or varying moral rights with regard to underdevelopment and climate change. In politics and in other stress-ridden domains of life, there are tendencies for people to engage in milder and more severe forms of the psychological defense mechanism called “splitting”. In “splitting”, a defense that emerges in early childhood, children imagine that some people or things are “all-good” and some are “all-bad”. They are “split” because the child cannot see “shades of grey” in goodness and badness. Many of the fairy-tales of childhood are built around children’s attachment to “all-good” and fear of “all-bad” characters.

There are contexts in adult life where splitting is a cultural norm though one could argue it also has deleterious effects. The adversarial process in legal proceedings as well as political conflicts between parties are two of the main cultural institutions where a polarization of good and bad is encouraged in peacetime and in wartime or international conflicts, there is often a tacit acceptance of jingoism in public discourse. In many parts of popular culture particular in action and suspense movies, television and games, the polarization of good and bad becomes the prelude to various forms of combat and dehumanization of antagonists.

Splitting is particularly unrealistic in dealing with the differential responsibilities for climate catastrophe. The entire developed world is implicated by its dependence upon fossil fuels to function yet some have over the past few decades struggled valiantly to change this while others have fought to keep the status quo. Some who have fought for what they thought were climate solutions, have in my opinion and given the trajectory of emissions, been fighting for ineffective instruments and with the wrong allies (the finance sector). Even if we have been fighting for the most effective and appropriate tools to reduce emissions, we are still to some degree morally responsible for the impending climate catastrophe. On the other side, those who are primarily responsible are not necessarily “all-bad” but they still are primarily responsible for causing grievous harm to the climate that has been favorable to human growth and civilization.

Meeting the Evolutionary Challenge of the Anthropocene

 Already a different animal than co-evolved species, humanity has initiated as a byproduct of its activity over the last several decades, if not before, a new geological era that scientists are calling the Anthropocene. The Anthropocene means that what marks this era in terms of geologic phenomena are the traces of human activity on the biosphere, the atmosphere, and even the geosphere, of which the mining and burning of fossil fuels is one of the most powerful agents. But human-caused climate change is only the most critical of a number of ways in which humanity is putting its imprint on the planet, having effects that are largely unintended by people with feedbacks that are out of the immediate control of humanity.

This places humanity in an unprecedented situation as a species. While many different animal and plant species can be said to shape their various ecosystems by activity “pre-programmed” by their genomes, no single species until human beings has had its own future within its voluntary control via the outsized impacts it has had through its tool creation and use and through the ability to coordinate social activity, think alone and deliberate together via the use of language. Humanity is both endangering its own future and has the potential to secure, within the limits of untoward events occurring in the universe or an upsurge in violent geological activity, its own future.

In order to meet the evolutionary challenge of an environment that no longer will accept the byproducts of human activity without destroying our future, we will have to care enough about ourselves and future generations to institute new systems and sets of rules that coordinate nationally and internationally our use of the environment, starting with the concentration of warming gases in the atmosphere. A recognition of our agency (our “ability to do”) and our ethical choices in the immediate past, now and in the future, is an important starting place for this evolutionary journey.

By:

Michael Hoexter

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

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

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

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

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

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

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

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

(Nadeau, 2013: 33)

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

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

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

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

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

Reference:

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

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law and Professor,

Widener University School of Law

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

Nanjing, China

dabrown57@gmail.com

 

 

 

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

 

human-rights-for-allhuman rights and climate change

 

I. Introduction

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

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

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

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

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

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

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

(UDHR, 1948: Preamble)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

III. References:

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

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

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law and Professor

Widener University School of Law

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

dabrown57@gmail.com

 

 

 

 

 

 

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

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

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

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

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

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

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

US states and federal reductions

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

a. The Carbon Budget Issue

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

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

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

b. The Justice or Equity Issue

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

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

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

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

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

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

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

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

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

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

states 80 percent

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

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

III. Conclusions

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

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

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

By:

Donald A. Brown

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

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

dabrown57@gmail.com

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.

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I. Introduction 

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

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

II. Ethical Responsibility for Funding Adaptation

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

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

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

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

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

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

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

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

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

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

(Burton et al. 2006)

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

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

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

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

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

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

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

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

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

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

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

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

 

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


loss and damage

 III. Responsibility for Compensation for Climate Change Harms

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

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

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

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

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

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

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

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

References:

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

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

 

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

 

climate justice

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

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

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

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

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

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

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

Slide22

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

Slide23

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. the “polluter pays,”

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

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

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

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

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

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

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

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

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

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

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor,

Widener University School of Law

Harrisburg, Pennsylvania

Visting Professor, Nagoya University,

Nagoya, Japan

Part-time Professor

Nanjing University of Information Science and Technology

Nanjing, China

dabrown 57@gmail.com

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

equity and climate change

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

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

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

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

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

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

By:

Donald A. Brown

Scholar In Residence and Professor,

Windener University School of Law

Harrisburg, Pa.

Visting Professor, Nagoya University

Nagoya, Japan

Part-Time Professor

Nanjing University of Science Information and Technology

Nanjing, China

dabrown57@gmail.com