Ethics and Climate

Donald Brown

Ethics and Climate - Donald Brown

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

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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

 

 

 

 

 

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

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

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

 

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

 

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

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

  1. Historical emissions

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

  1. Loss and damage

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

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

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

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

By: 

Idil Boran

 iboran@yorku.ca

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

New York Times Article Misleads On The Moral Acceptability of Climate Change Policies.

cost-bene

money burrning

Many observers of the state of global response to climate change have concluded that there is no hope in preventing devastating climate change harms unless nations and individuals understand that they have ethical and moral responsibilities that are not captured by framing climate change as a matter of economic interest or welfare maximization alone not to mention that framing climate change policies as matters of economic interest distorts and ignores ethical responsibilities. For this reason, there is a growing consensus among serious observers of national commitments on climate change, that the only hope to increase national ghg emissions emissions reductions targets to levels that will avoid dangerous climate change impacts is to find ways to assure that national ghg targets are based upon “equity” and justice.

 

A New York Times article on September 11, 2013 makes a greatly misleading claim about the moral basis for action on climate change.  The article, Counting the Cost of Fixing the Future, by Edwardo Porter,  erroneously claims that a moralist would respond to climate change by demanding that the price on carbon be significantly higher than what the business world would recommend the price should be ($65.00/ ton versus  $13.50 /ton).  Although the article doesn’t say explicitly that that if the social cost of carbon is high enough there are no moral objections to using welfare maximization considerations as the basis for determining the acceptability of climate change policies, this is implied by the article because the use of the social  cost of capital  calculations  by policy-makers is almost always used in cost-benefit analyses. The problem with this claim is that there is an unexamined premise in this article that is deeply ethically flawed. The article assumes that whether a government should act to prevent climate change depends upon whether a proposed government climate change policy will increase welfare after the social cost of carbon is calculated and compared to the costs entailed by reducing greenhouse gas (ghg) emissions.  There are strong strong moral and ethical reasons against using the social cost of carbon in this way.

new book description for website-1_01Whether a nation or individual should act to prevent climate change is a matter of justice, not simply a matter of economic efficiency or welfare maximization. Although some utilitarians might agree that government policy should maximize welfare or utility, there are  strong ethical objections to a nation basing its climate policy on the basis of welfare maximization alone.  Moral problems with the use of the social cost of carbon calculations in cost-benefit determinations used to determine whether a government should act to reduce the threat of climate change include the following:

  • Some governments and individuals more than others are more responsible for climate change because they have much higher emissions of ghg in total tons, per capita levels, and historical contributions to elevated atmospheric concentrations.  Justice requires that these considerations be taken into account in determining emissions reductions targets. 
  • Some of the poorest people in the world who have done almost nothing to cause climate change are the most vulnerable to climate change. These people will suffer the most if  governments and individuals refuse to reduce their emissions based upon “efficiency” or “welfare maximization” considerations. These people have not consented to be harmed because costs to polluters of reducing their emissions are high. “Efficiency” and “welfare maximization” justifications unjustly sacrifice vulnerable people to the economic prosperity of the entire community.
  • The harms to vulnerable people from climate change are not mere reductions in economic welfare, they include catastrophic loses to life and damages to ecological systems on which life depends.
  • Damage estimates on which the social cost of carbon are based are not evenly distributed. Some places more than others face catastrophic risk. People in these places have not consented to be harmed. Theories of procedural and distributive justice prevent these people from being harmed without their consent.
  • Climate change will interfere with the enjoyment of human rights. Those who violate the human rights of others may not use “efficiency” or “welfare maximization” justifications for violating the human rights of others.
  • Nations and individuals have ethical and moral duties to reduce the threat of climate change, not simply economic interests.

These are only a few of the ethical and moral problems with the use of social cost of carbon calculations in cost-benefit analysis as justification for non-action on climate change.  For additional ethical problems with economic arguments made about the acceptability of climate change policies see articles on this website under the category Economics and Climate Change Ethics in the Index. 

The New York Times article makes a claim about what moralists would do which is very misleading because it implies that as long as the calculation of the social cost of carbon is high enough, there are no moral objections with  the use of  welfare maximization calculations as the basis of climate change policy.

The New York Times article should have acknowledged that there are ethical objections to a nation basing its climate policies on cost-benefit analyses.  One of the reasons why there has been a widespread  failure of citizens to understand their ethical responsibilities to reduce the threat of climate change is because free-market fundamentalist ideologies have successfully framed the climate change debate as a matter of economic interest rather then global responsibility. The New York Times article implicitly continues to encourage people to look at climate change policies as a matter of economic self-interest rather than ethical obligation. This both distorts and hides obvious ethical problems with national and individual responses to climate change.

 

By: 

Donald A. Brown

Scholar In Residence

Widener University School of Law

dabrown57@gmail.com

 

 

 

The Climate Change Disinformation Campaign: What Kind Of Crime Against Humanity, Tort, Human Rights Violation, Malfeasance, Transgression, Villainy, Or Wrongdoing Is It? Part Two: Is The Disinformation Campaign a Human Rights Violation Or A Special Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing ?

This is the second in a series looking at how to classify the climate change disinformation campaign given that it is some new kind of assault on humanity,  yet not easily classifiable into existing categories of behaviors that cause great harm.  Part One of this series identified four prior articles and three videos that Ethicsandclimate.org has previously produced on this subject as well as looking at whether this effort to undermine the mainstream scientific view about climate change can be classified as a crime against humanity or a tort under common law.  These previous articles distinguished the tactics of the disinformation campaign from responsible skepticism and the acceptable exercise of free speech after explaining what is meant by the “climate change disinformation campaign” and how it operated.

I. Is The Climate Change Disinformation Campaign A Human Rights Violation?

A. Introduction

A very strong case can be made that human-induced climate change triggers human rights violations because of the destructive nature of climate change damages. If human rights are to be understood to be recognition of those norms that are necessary to protect human dignity, inadequate climate change policies must be understood to trigger human rights violations because climate change will not only make human dignity impossible for millions of people around the world, including countless members of future generations but also directly threaten life itself and resources necessary to sustain life. And so, as we shall see,  climate change causing activities create human rights violations because of the enormity of harm to life, health, food, property, and inviolability of the right of all people to enjoy the places where they live.

Yet finding legal remedies under human rights legal theories for the the destructive role that the disinformation campaign has played in preventing or delaying solutions to climate change will require finding at a minimum: (a) a specific human right under and an existing human rights regime that has been violated by climate change, (b)  a human rights regime that has the jurisdiction and legal authority  to grant the requested remedy in the specific human rights controversy before it, (c)  a legal theory supporting the claim that non-state actors, not just governments, responsible for the violations of human rights have duties to prevent human rights, and (d) a legal justification to link the duties of non-state actors to prevent human rights violations to the activities of the disinformation campaign.

B. Which human rights are violated by climate change and do human rights fora have the authority to adjudicate claims based upon the tactics of the disinformation campaign? 

The 1948 Universal Declaration of Human Rights (UDHR) is usually viewed to be the foundational document in modern international human rights law. (UN, 1948). The UDHR is a non-binding ‘soft-law’ agreement among nations that over time has been complemented by a series of legally binding international treaties while retaining its status as customary international law. Because it is customary international law it could be relevant to damage claims made in civil litigation requesting damages in cases before international courts such as the International Court of Justice.

The two most important global human rights treaties in addition to the UDHR often stated to be the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

The Universal Declaration on Human Rights identifies the following as entitled to rights protections that are relevant to climate change:

 (a) Life, liberty, and security of person. (Article 1)

(b) Right to an effective remedy by national tribunals for violations of fundamental or constitutionals rights. (Article 8)

(c) Full equality to a fair public hearing by an independent and impartial tribunal, in the determination of a person’s rights and obligations. (Article 10)

(d) Freedom from arbitrary interference with privacy, family, home or correspondence. (Article 12)

(e) Freedom from being arbitrarily deprived of property. (Article 17)

(f) Right to a standard of living adequate for the health and well being of himself and his family, including food,  clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (Article 25)

(g) Rights to a social and international order in which the rights and freedoms can be fully recognized. (Article 28) (UN1948)

 The International Covenant on Economic, Social, and Cultural Rights (ICESCR) identifies the following as entitled to rights protections relevant to climate change protections:

 (a) The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. (Article 11)

(b) The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

a. To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

b. Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

(c) The right of everyone to the enjoyment of the highest attainable standard of physical and mental health… The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:… (c) prevention, treatment  and control of epidemic, endemic, and occupational and other diseases. (Article 12)

The International Covenant on Civil and Political Rights (ICCPR) identifies the following as entitled to rights protections that are relevant to climate change protections:

(a) Inherent Right to Life. This right shall be protected by law. (Article 5)

(b) Right to be protected from arbitrary and unlawful interference with his privacy, family, home…. (Article 15)

A strong case can be made that climate change prevents people all around the world from enjoying the above rights.

These three documents i.e. the UDHR, the ICESCR, and the ICCPR are often considered to be the foundational documents that comprise an international bill of rights. Yet not all nations have adopted all three documents. Although the UDHR has been accepted by most nations of the world, the ICPCR and ICCPR have been less widely so.  In fact the ICESCR has not been ratified by the United States and therefore may be inapplicable to climate change caused human rights violations in the United States. To date, these two treaties have been ratified by about 75 percent of the world’s countries.  The UDHR is a “soft-law” document which has normative,  but not legal force in the international system. The ICESCR and ICCCPR  were the first of many treaties that have been enacted to give the protections identified in the UDHR the force of law.

A country ratifying a UN human rights treaty agrees to respect and implement within domestic law the rights the treaty covers. It also agrees to accept and respond to international scrutiny and criticism of its compliance. It does not necessarily agree to make the human rights norm directly enforceable in domestic courts. That usually requires implementing legislation.

Treaty enforcement is accomplished within the UN often with the creation of a body to monitor states’ performance, and to which member states are required to submit periodic reports on compliance.   For instance, the ICCPR is implemented through the Human Rights Committee (HRC) which was created to promote compliance with its provisions. The HRC frequently expresses its views as to whether a particular practice is a human rights violation, but it is not authorized to issue legally binding decisions.   Other treaties and bodies exist within the UN system with varying enforcement and implementation powers and duties to implement human rights goals.  For the most part, these enforcement powers are weak and  improvements in human rights violations are best achieved through holding offending nations to the court of international opinion rather than law.

In addition, several regional human rights regimes have been enacted that promote human rights in particular parts of the world. These regions include Europe, the Americas, and Africa which have their own declarations and conventions for enforcement of human rights on a regional basis.

Thus far no one has successfully brought a human rights claim for climate change caused damages although the Inuit Peoples filed such a claim in the Inter-American Commission on Human Rights. Before a successful human rights claim can be brought in an existing legal forum in regard to climate change, several potential legal hurdles need to be overcome that have little to do with whether a nation or an individual  has committed a human rights violation. These hurdles include jurisdictional, issues, questions of proof, and authority of the relevant forum.  For this reason, the failure to successfully bring legally recognized human rights claims may have little to do with whether the offending behavior has created a violation of the protected right but more with the limitation of the existing legal regime. And so, the failure to bring a successful action against the climate change disinformation campaign in an existing human rights forum does not mean the disinformation campaign is not responsible for human rights violations.

Examining climate change through a human rights lens has the benefit of providing potential access to legal fora that have been created to adjudicate aspects of human rights violations. Given that there are no obvious legal fora to bring civil actions against those who have participated in the climate change disinformation campaign, pursuing remedies for human rights violations caused by climate change has the advantage of being able to file legal claims in existing judicial fora.

Potential fora include, at the global level, the Human Rights Committee established by the International Covenant on Civil and Political Rights and the Committee on Economic, Social and Cultural Rights established by the International Covenant on Economic, Social and Cultural Rights. Regional tribunals include the Inter-American Commission and Court of Human Rights and the European Court of Human Rights. In addition, claims could potentially be pursued in national courts–for example, in the United States under the Alien Tort Statute.

Yet each of these fora have different jurisdictional limits on bringing legal actions on human rights basis. In this regard, a case brought on behalf of the Inuit Peoples in the Inter-American Commission on Human Rights sought to find that the United States was responsible for international human rights violations is illustrative of potential road blocks to bringing successful cases for human rights violations in existing legal rights fora.

The petition detailed the effects of rising Arctic temperatures on the ability of the Inuit to enjoy a wide variety of human rights, including the rights to life (melting ice and permafrost make travel more dangerous), property (as permafrost melts, houses collapse and residents are forced to leave their traditional homes) and health (nutrition worsens as the animals on which the Inuit depend for  sustenance decline in number). The petition connected the rising temperatures to increasing levels of greenhouse gases, and in particular, to the failure by the United States to take effective steps to reduce its emissions.

In November 2006, the Commission informed the petitioners
that it had determined that “it will not be possible to process your
petition at present.” The IACHR did not explain its reasoning, stating only that “the information provided does not enable us to determine whether the alleged facts would tend to characterize a violation of [protected human] rights.” The Commission did hold a hearing on the connection between climate change and human rights in March 2007, but it has taken no further action.

It would appear that IACHR did not believe it had the legal authority to order the specific relief requested by the petitioners, namely to issue an order to the United States to reduce its greenhouse gas emissions. And so the IACHR did not decide the case on the merits of the underlying claim that the United States had contributed to human rights violations of the Inuit people, it appeared to decline to act on the basis of legal issues about its own authority.

(B) Do the duties to prevent human rights violations bind  non-state actors including corporations?

It is not clear as of yet the extent to which human rights regimes create duties for individuals and corporations, that is non-state actors. Bodansky summarizes the current state of this legal question.

[A] crucial question is whether the duties to respect, protect and fulfill apply to private actors as well as states. International criminal law demonstrates that international law can in some case impose duties directly on individuals, and some have proposed that corporations have duties to respect human rights. So, at least in theory, human rights law could impose a duty on private actors to respect human rights by limiting their emissions of greenhouse gases. But generally, human rights law – like international environmental law – imposes duties on states rather than on corporations. If this is true of climate change,then human rights law limits the activities of non-state actors only to the extent that states have a duty to protect against climate change by regulating private activities.

And so, it is not clear whether the corporations that have participated in the disinformation campaign can be sued in the various human rights tribunals, yet nations may have a duty to regulate emissions from those corporations participating in the climate change disinformation campaign under human rights theories.

(C) Are  the participants in the disinformation campaign liable for contributing to human rights violations? 

A final issue that needs to be overcome to successfully bring a legal action against the participants in the disinformation campaign for violating civil rights of people around the world is identifying a legal basis for concluding that the disinformation campaign unlawfully caused the violation of civil rights. Because most of the participants in the disinformation campaign are corporations that are also emitters of greenhouse gases, these corporations like all greenhouse gas emitters arguably have duties to reduce their greenhouse gas emissions to levels that in combination with other emitters do not deprive people around the world from enjoying legally protected rights. Yet it is not clear, that the tactics of the disinformation campaign alone make the participants in the disinformation campaign responsible for human rights violations by themselves.

However, most governments make it a crime for individuals to conspire to deprive people of their human rights. For instance, under US law it is a crime for persons to conspire to deprive another of the  rights of an individual that has been secured by the individual through the United States Constitution or through any other laws of the United States. Although this specific law has not been tested in regard to climate change, it is generally viewed to be a breach of civil and sometimes criminal law to conspire to deprive people of their rights. As we saw in Part One of this series, the Plaintiffs in the case of Kivalina versus ExxonMobil et al asserted that the fossil fuel companies that have been part of the disinformation campaign conspired to harm the residents of Kavalina. And so there may be sufficient facts about the disinformation campaign that could form the basis of a claim that if proven could be the basis for finding responsibility for individuals participating in the climate change disinformation campaign yet only an actual case will test this possibility.

(D) Conclusions in regard to classifying the disinformation campaign as a violation of human rights.

There is little question that the more than 20 year delay in taking action on climate change in the United States for which the disinformation campaign is at least partially responsible for has prevented people around the world from enjoying a host of human rights that are now recognized in a variety of human rights regimes around the world. Yet, as was the case in categorizing the disinformation as a crime against humanity or a common law tort, there may be no existing legal remedy under existing human rights law that can be deployed to deal with the harms created by those  participating in the disinformation campaign. And so once again, there may be serious deprivations of human rights caused by the disinformation campaign without legal remedies. Only time will tell whether those who have been harmed by climate change will be able to successfully bring a legal action against those engaged in the disinformation campaign for damages.

II. What Kind of Malfeasance, Transgression, Villainy, Or Wrongdoing is The Behavior of the Disinformation Campaign?

We have seen thus far from the previous analysis in this two part series that there may be no legal remedy under existing law relating to crimes against humanity, civil tort, or human rights law for the harms caused by the climate change disinformation campaign. Yet the harms attributable to the disinformation campaign are so potentially catastrophic to hundreds of millions of people around the world that laws relating to crimes against humanity, civil tort, and human rights should be amended to provide legal sanctions under these legal theories for at least for the more egregious tactics that have sometimes been deployed by some participants in this campaign.

Yet there is no doubt that some of the tactics deployed by the disinformation campaign, to be distinguished from responsible skepticism that should be encouraged, constitute some kind of malfeasance, transgression, villainy, or wrongdoing. To understand the full moral abhorrence of the disinformation campaign, a complete description of the tactics employed by the disinformation campaign is necessary and how the moral abhorrence of these tactics can be distinguished from the reasonable exercise of free speech, the right of individuals to express opinions, and the benefits to society from skeptical inquiry.  Ethicsandclimate.org reviewed these issues in four articles and three videos. These prior articles explained what is meant by the disinformation campaign, distinguished the tactics of the campaign from responsible scientific skepticism which should be encouraged, and described how the disinformation campaign was funded and organized.

The four part written series can be found at:

1. Ethical Analysis of the Climate Change Disinformation Campaign: Introduction to a Series.

2.Ethical Analysis of the Disinformation Campaign’s Tactics: (1) Reckless Disregard for the Truth, (2) Focusing On Unknowns While Ignoring Knowns, (3) Specious Claims of “Bad” Science, and (4) Front Groups.

3.Ethical Analysis of Disinformation Campaign’s Tactics: (1) Think Tanks, (2) PR Campaigns, (3) Astroturf Groups, and (4) Cyber-Bullying Attacks.

4. Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign.

The three part video series can be found at:

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent.

The Ethical Abhorrence of The Climate Change Disinformation Campaign, Part 2.

The Ethical Abhorrence of the Climate Change Disinformation Campaign, Part 3.

We particularly recommend the first video for an overview of why the disinformation campaign is so morally abhorrent. Here it is:

httpv://www.youtube.com/watch?v=qPdMFYMJ8dc

 

This video explains how destructive the disinformation campaign has been in preventing or delaying government action to reduce the threat of climate change.

In summary, at least some of the tactics of the climate change disinformation campaign are some new kind of assault on humanity which could be dealt with under expanded legal theories about crimes against humanity, civil tort, or human rights.

The philosopher Hans Jonas argued that the potential of new technologies to create great good and great harm creates the need to establish new social norms about how to deal with scientific uncertainty. Following Jonas’ logic, the enormity of potential harms from a problem like climate change creates the need to establish new norms about the need to be extraordinarily careful about claims that there is no danger threatened by certain human activities.  We have examined in the last of the four articles above, what these new norms might look like given the need to encourage responsible skepticism yet assure that assertions that there is no danger are made responsibly. Because the climate change disinformation campaign deployed tactics that were designed to undermine the scientific basis that supported taking policy action to reduce the threat of climate change and in so doing used tactics that are ethically abhorrent, the climate change disinformation campaign should be used to develop new legal and moral norms about the need to be responsible when discussing very dangerous human activities. Just as it would be morally abhorrent for someone to tell a girl who is lying on a railroad track that she can continue to lie there because no train is coming when that person did not have reliable knowledge that no train was coming while having an economic interest in the girl staying on the track,  so it is deeply ethically troublesome for those engaged in the disinformation campaign to tell the US people that there is no evidence that fossil fuels are causing climate change without subjecting their claims to the rigor of peer-review.

By:

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com