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.

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

 

 

 

 

 

On the Extraordinary Urgency of Nations Responding To Climate Change on the Basis of Equity.

400ppm

This  article seeks to explain in understandable terms why nations must not only aggressively respond to climate change but respond at levels required of them by equity if the world is going to have any hope of avoiding dangerous climate change. And so, this article seeks to help citizens around the world understand why their nations must create climate change policies consistent with their equitable obligations and that if their nations fail to respond on the basis of equity, there is vey little hope of an adequate global solution emerging that has any potential of avoiding catastrophic climate change.

Once again there has been some renewed interest in responding to climate change this week in response to the announcement by the National Oceanic and Atmospheric Administration (NOAA) that carbon dioxide (CO2) atmospheric concentrations have reached 400 ppm (parts per million). This concentration of CO2 is not only higher than experienced in the last 3 million years of Earth’s history  (Kunzig, 2013), it is additional evidence that the world is rapidly running out of time to prevent dangerous climate change.  NOAA posted on its website Wednesday night, May 9, that the daily average for CO2 was 400.03 ppm. (Kunzig, 2013)   The last time the concentration of the CO2 reached this mark, horses and camels lived in the high Arctic and seas were at least 30 feet higher. (Kunzig, 2013) This sea level  rise would  inundate major cities around the world and cause harm to hundreds of millions around the world when temperatures finally responded to these elevated greenhouse gas (ghg) atmospheric concentrations.

Although this story made it to the front page of the New York Times, (see Schuetze 2013), the US press continues to fail to educate American citizens fully about the seriousness of the problem that the world is facing particularly in regard to the urgent need of nations to take immediate steps to reduce their emissions to their fair share of safe global ghg emissions.  Ethicsandclimate.org has previously examined the failure of the US press to communicate to American people the importance of the equity issue in formulating US policy. (See, The US Media’s Grave Failure To Communicate The Significance of Understanding Climate Change as A Civilization Challenging Ethical Issue.Yet, as we will explain, in light of the rapidly decreasing amount of time remaining for the world to prevent dangerous climate change, there is now more than ever a need to increase political support at the national level around the world for the adoption of policies on climate change that reflect each nation’s fair share of safe global emissions.

rich countriesWhen almost all nations around the world agreed to the 1992 United Nations Framework Convention on Climate Change (UNFCCC), they promised  to adopt policies and measures to limit warming based upon “equity” to prevent dangerous anthropogenic interference with the climate system. (UNFCCC, Art. 3) Up until very recently it was possible for nations to ignore that they had a responsibility to reduce their ghg emissions to levels based upon “equity.” And so many, if not most, nations have been entering international climate negotiations as if they need only look to their national economic interest to determine what ghg emissions reductions commitments they need to make under the UNFCCC. However, now that the world is running out of time to prevent dangerous climate change, the urgent need of nations to reduce their emissions to levels required of them on the basis of equity and basic fairness is now obvious and undeniable. This was not the case only a few years ago.  For instance, just three years ago it was possible for the United States to ignore what was required of it as a matter of basic fairness because nations were happy when the United States made any commitment to reduce its ghg emissions having refused to do so from the early 1990s through 2010. Any US commitment was viewed as a positive step. And so, when President Obama made a voluntary commitment in 2010 in Copenhagen to reduce US emissions by 17% below 2005 levels by 2020, it was widely celebrated throughout the international community even though most observers knew this commitment was far short of what justice required of the United States. Yet just two years later in Qatar, the same US commitment was almost universally condemned on justice grounds. (See: Qatar: Bumping Up Against Climate Change Limitations On Human Activities Makes Ethical and Justice Issues Unavoidable) 

The importance of each government entity’s responsibility to limit their emissions to their fair share of safe global emissions has become undeniably obvious to most observers of international climate negotiations now that it has become clear to all that there is precious little time for the global community to avoid dangerous climate change. The central importance of the need to get nations to respond to climate change on the basis of “equity” becomes very obvious once a number of scientific aspects of climate change are fully understood. However, too few people understand these scientific aspects of climate change and the press is failing to educate citizens about these issues.

Slide2

 

 

 

 

 

 

 

 

 

 

 

To fully understand the importance of national responses on the basis of “equity” it is necessary to understand some features of climate change that make it unlike any other environmental problem facing the world. The atmosphere is like a bathtub, it has limited volume. Nations have been filling up the atmospheric bathtub since the beginning of the industrial revolution in the late 1790s. Because CO2 is long-lived in the atmosphere, the bathtub continues to fill up with CO2 even if rates of CO2 emissions slow down somewhat unless all ghg emissions are reduced to the rate at which the Earth’s natural carbon cycle can remove CO2, an amount which is less than 20% of existing emissions levels. Decreasing ghg emissions does not prevent global atmospheric concentrations from increasing unless they are cut back globally by huge amounts. And so to prevent dangerous climate change nations have to do much more than cut back on the ghg emissions levels that they are entering the atmosphere, they have to cooperate to prevent the level in the bath tub from reaching levels that will cause dangerous climate change. As we shall see, this is a level that the world is fast approaching. Furthermore because CO2 is well mixed in the atmosphere it makes no difference where on Earth the ghgs come from, the atmospheric concentrations of ghg continue to rise without regard to location of the source of emissions.

What makes the current climate change threat so ominous is that the levels of CO2 that have been building up for over 200 years are quickly approaching levels that could trigger dangerous climate change as emissions are increasing in many parts of the world.

In our experience, most Americans don’t understand the scale of the climate change facing the world. In Copenhagen in 2010 the international community agreed to set as a goal warming limit of 2°C not withstanding there are some scientific evidence to believe that the warming limit should be lower at 1.5 °C. The 2°C warming limit was chosen because there is strong scientific evidence that warming above 2°C could trigger rapid nonlinear climate change thereby threatening hundreds of millions of people around the world and the ecological systems on which they depend. Even if 2°C warming doesn’t trigger nonlinear warming, this amount of warming will cause great harm around the world to people and places that have done little to cause climate change.

The following graph describes the staggering challenge facing the world if the international community desires to limit warming to 2°C.  The graph depicts three different emissions reductions pathways where the steepness of ghg emissions reductions needed to limit 2°C depend upon when global emissions levels peak, that is in 2015, 2020, or 2025. Despite over twenty years since the international community agreed in 1992 to adopt policies and measures based upon equity to prevent dangerous climate change, global ghg emissions levels continue to rise despite a global economic turn down in 2008. Global CO2 emissions grew 3 percent in 2011 and were estimated to rise 2.6 in 2012. (Morello, 2012).  Since the international community began to negotiate a climate change solution, rather then emissions levels diminishing they have  grown to 58 percent above the 1990 emissions level in 2012 (Morello, 2012). And so, the world is facing the urgent need to reduce ghg emissions at hard to imagine rates as seen in the following graph where the different colored lines on this chart represent different assumptions about climate sensitivity. This graph shows that if the world waits to act together to prevent ghg emissions from rising until 2020 or 2025, the world will need to reduce ghg emissions at staggering reduction levels after the peak years.

three reductions pathways

 

 

 

 

(Anderson, K.. 2012)

On the basis of the magnitude of the ghg emissions reductions challenge facing the world, mainstream scientists around the world are now emphatically trying to get the world’s attention about the urgency of the need to act dramatically to prevent dangerous climate change. Yet there has been little discussion in the media about the importance of equity in national responses to this global emergency coupled with the fact that one needs to understand other aspects of the climate change problem to fully understand the importance of requiring nations to reduce their emissions based upon “equity.”

Once one identifies an atmosphere ghg concentration level that will serve as a goal for preventing dangerous warming it is a relatively straightforward calculation to identify the remaining amounts of ghg emissions that can be emitted worldwide to prevent atmospheric ghg concentrations from exceeding the maximum concentration goal. This calculation is the basis for determining an emissions budget. Because there is some uncertainty about climate sensitivity, that is how much warming the Earth will experience at different atmospheric ghg concentrations, different atmospheric ghg concentration goals create different levels of probability of limiting warming to 2°C.  The following chart identifies the quantity of ghg emissions in gigatons of CO2 equivalent that the world may emit to achieve different levels of probability that the 2° C warming limit will not be exceeded. Therefore we see from this chart that if the entire world is assumed to be allowed to emit no more than 886 gigatons (Gt) of CO2 equivalent, this budgetary limit creates between a 8% and 37%, with a best estimate of 20%, probability that temperatures will exceed the warming limit of  2°C.   At the upper end of this chart, a 1437 Gt CO2 budgetary limit creates a probability of between 29 to 70 probability, with a best estimate of 50%, that the  2°C warming limit will be exceeded.

The chart also shows that if the world emits ghgs at levels projected at 56 Gt per year, then, assuming that the world chooses to live with a budget of 886 Gt CO2 which gives the world an 80% probability that future warming will be limited to 2°C, then after12 years there will be zero emissions left in the budget.  The chart also demonstrates that even if the world chooses to run the risk of accepting a 50% probability that the 2°C warming will be exceeded then world can only emit greenhouse gases at projected levels for 22 years.
budget

As gloomy as this picture in regard to the remaining global ghg emissions budget, we have not yet explained why getting nations to commit to reduce their emissions to levels required of them by equity is so important and indispensable for thinking clearly about how the world must respond to the threat of climate change. And so, now, for the first time, we can explain the importance of “equity” in guiding international responses to climate change.

 

Slide3

 

 

 

 

 

 

 

 

 

 

 

 

Returning to the use of a bathtub as a metaphor for the atmosphere, we note that there is already elevated levels of ghg (metaphorically water) in the bathtub that have risen to current levels from over 200 years of human activities. That is CO2 has increased in the atmosphere from 280 ppm to 400 ppm since the beginning of the industrial revolution. If we assume that atmospheric concentrations of CO2 equivalent should be limited to 450 ppm to give the world a 50% chance of keeping warming from exceeding the 2°C warming limit, atmospheric concentrations have increased already by120 ppm from pre-industrial levels and only 50 ppm of atmospheric space are  left to allocate to the entire world.  The 120 ppm increase in atmospheric CO2 concentrations that has already been put into the bathtub by human activities has overwhelmingly been caused by activities in some rich, developed countries much more than poor developing countries.  The following chart shows which countries have contributed the most elevated concentrations of CO2 in the atmosphere.
cummualative over time

(EPA, 2002)

And so some countries more than others have contributed far more than others to elevated ghg concentrations. Given that there’s only 50 ppm of atmospheric space left to allocate (assuming and atmospheric goal of 450ppm giving approximately a 50 % chance of exceeding  the 2°C) and some developing countries desperately need to use the remaining atmospheric space to escape grinding poverty, it is obviously unfair or inequitable to require all countries to reduce emissions by the same amount.

Percapita nationaFurthermore, the above chart demonstrates that some countries including the United States, Canada,  and Australia, for instance, far exceed others in per capita levels of emissions from their citizens compared to other countries such as India.

If it is determined that the entire world must reduce its emissions by 80% below 1990 levels to prevent dangerous climate change, high-emitting nations or governments around the world, including the US, Canada, and Australia, will need to reduce their emissions to even greater levels on the basis of equity and fairness. To require each nation or government to reduce emissions by the same percentage amount would freeze into place unjust emission levels for high-emitting governments and very low emissions rates for poor developing countries.  For this reason, almost all the nations of the world, including the United States in 1992 when it ratified the UNFCCC, agreed that each nation must reduce its emissions on the basis of “equity” to prevent dangerous climate change. (UNFCCC, 1992: Art 3, Para 1) If all nations need only reduce their emissions by equal percentage amounts, then a high-emitting nation like the United States that emits ghg at rate of 17.3 tons per capita would be allowed to emit at a level 10 times more per capita than a country like Vietnam that emits 1.7 tons of ghg per capita. (World Bank, 2012b) As a result, all nations have agreed that national targets must be based upon fairness or equity.

Given that the entire world has only 50 ppm of atmospheric space left to allocate to give the world a reasonable expectation of preventing dangerous climate change, the equitable and fairness dimensions of national ghg emissions reductions commitments become obvious and crucial to increasing the ambition of nations to reduce their ghg emissions. Yet most citizens seem completely unaware of the equity issues entailed by climate change and many high-emitting nations are ignoring their equitable responsibilities.

However, the ability of nations to ignore what equity requires of them will become more and more difficult as the world wakes up to the hard-to-imagine stringent carbon budget that the world must face to avoid catastrophe warming. In addition the longer nations wait to respond to climate change on the basis of equity, the more difficult it will be in the future to do so because the steepness of their emissions reductions pathways needed to comply with what equity requires increases the longer nations wait to respond appropriately.

References:

Anderson, Ken, (2012) , Climate Change Going Beyond Dangerous, Brutal Numbers, Tenous Hope,  http://whatnext.org/resources/Publications/Volume-III/Single-articles/wnv3_andersson_144.pdf

EPA, (2002), CO2 emissions by country (http://www.epa.gov/climatechange/emissions/)

Kunzig, Robert, (2013) National Geographic News,  Climate Milestone: CO2 Level Passes 400 ppm,  National Geographic, http://news.nationalgeographic.com/news/energy/2013/05/130510-earth-co2-milestone-400-ppm/

Morello, (2012), Global CO2 Emissions from Fossil-Fuel Burning Rise into High-Risk Zone, Scientific American, http://www.scientificamerican.com/article.cfm?id=global-co2-emissions-from

Open Source, (2013) http://ossfoundation.us/projects/environment/global-warming/what-we-dont-know

 World Bank, (2012), CO2 Emissions (Metric Tons Per Capita), http://data.worldbank.org/indicator/EN.ATM.CO2E.PC

United Nations Framework Convention on Climate Change  (UNFCCC), (1992), http://unfccc.int/essential_background/convention/background/items/1349.php

 

By:

Donald A. Brown

Scholar In Residence,

Sustainable Development Ethics and Law

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

Qatar: Linking Increasing the Ambitiousness Of National Emissions Reductions Commitments To Equitable Responsibilities

The international climate negotiations to take place in Qatar next week will seek to make progress on increasing the ambitiousness of national commitments on greenhouse gas emissions reductions. In Durban last year the international community created the Ad Hoc Working Groups on the Durban Platform (ADP). ADP has been charged with   developing a protocol, another legal instrument or an agreed outcome with legal force, under the Convention applicable to all Parties. The ADP is to complete its work as early as possible but no later than 2015 in order to adopt this protocol, legal instrument, or agreed outcome with legal force at COP-21 so it will come into effect and be implemented from 2020.

One of the goals of the ADP is to obtain increased ambition on national emissions reductions commitments. Greatly increasing the ambition of nations to commit to greenhouse gas reductions is believed to be vital because the scientific community is convinced that the world is running out of time to prevent dangerous climate change.

Significantly increasing national commitments to reduce emissions is widely understood to be urgent because nations have not made commitments to reduce their emissions to levels that will prevent 2°C of additional warming, a temperature limit that has been adopted by all nations under the UNFCCC as the maximum amount of warming that should be tolerated to prevent dangerous climate change. Even though many scientists believe that the warming limit should be 1.5 °C or even 1.0°C to prevent dangerous climate change, the emissions reductions commitments that have been made under the UNFCCC fall far short of achieving the 2°C warming limit. For this reason, parties to the UNFCCC in Durban last year agreed that advanced ambition on greenhouse gas emissions reductions is urgently needed and should be the goal of future international climate change negotiations.

Many observers of the climate change negotiations also believe the nations will not make more ambitious commitments to reduce their domestic greenhouse gas emissions commitments until nations take the requirement under the UNFCCC to reduce their emissions based upon “equity” seriously. This is so because developing countries are not likely to greatly increase their emissions reductions commitments as long as developed countries refuse to base their emissions reductions commitments on what justice requires of them. For this reason there is a growing call for, not only increasing the ambitiousness of emissions reduction commitments, but also for nations to take “equity” seriously.

All nations have agreed under the UNFCCC to reduce their greenhouse gas emissions based upon “equity” although almost all nations have yet to respond to climate change on the basis of “equity. More specifically nations agreed under the UNFCCC that:

”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.”

(UNFCCC, 1992: Art 3)

II. The Bonn Meeting on “Equity”

Because there is a growing recognition of the need to take “equity” seriously, the UNFCCC Secretariat held a meeting in Bonn in May of this year to encourage nations to exchange views on the meaning of “equity”.

As we shall see very divergent approaches to the meaning of equity were articulated at the Bonn meeting. A full report on the meeting was prepared by the UNFCCC secretariat (UNFCCC 2012). Here is a sampling of some proposed approaches to understanding “equity” made by presenters at the Bonn meeting:

  •  The UNFCCC executive secretary Christiana Figueres invited parties to consider three aspects of equity in relation to the global emissions reductions: (1) country circumstances, (2) historical and future contributions to global omissions, and (3) capacity to address climate change.
  •  Bangladesh repeated the claim frequently made by developing nations that developed countries have the primary responsibility to develop a low carbon economy and society.
  •  China explained that the developed countries have “over-occupied” most of the existing atmospheric space through their cumulative emissions, transferring responsibility onto developing countries and creating a new form of inequality.
  •  Singapore stressed the need to define equity in light of different national circumstances such as the fact that Singapore is disadvantaged in terms of the availability of alternative energy sources.
  •  Brazil stressed historical responsibility as an important component in defining equity.
  •  The EU identified the goal of a future regime as enabling all parties to achieve sustainable development, poverty eradication, and climate resilient growth. The EU argued that equity needed to be interpreted in a way that reflects nations’ common but differentiated responsibilities and respective capabilities.
  •  The United States argued that equity should not be defined through a formulaic approach. The United States underlined the common understanding that equity is about fairness and a fair distribution of efforts, and that no one can be asked to sacrifice their development. The United States argued that the focus of equity should be on development and opportunities for growth, and not on the division of the carbon space. The United States argued that a qualitative concept, such as equity, should not be forced to fit into one formula.

(UNFCCC 2012)

And so the Bonn meeting made little progress in developing an international agreement on the meaning of “equity.”  However, several parties recommended that a decision on this matter should be taken at the United Nations Climate Change Conference in Doha, Qatar. Other parties recommended that a follow-up workshop under the UNFCCC might be another option to continue the dialogue on this matter.

 Ethicsandclimate.org will be reporting on this from Qatar. We will also recommend that specific questions should be asked of nations about their positions on equity and we are organizing a program on this on December 5th in Qatar.

References:

UNFCCC (1992) United Nations Framework Convention on Climate Change, http://unfccc.int/essential_background/convention/background/items/1349.php

UNFCCC (2012) Report on The Workshop on Equitable Access to Sustainable Development, http://unfccc.int/resource/docs/2012/awglca15/eng/inf03r01.pdf

By:

Donald A. Brown

Scholar In Residence,

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

Five Grave Communications Failures of The US Media On Climate Change

This video examines 5 grave tragic communications failures of the US media on climate change.

These include the failure to communicate;

  1. The strength of the scientific consensus
  2. The civilization challenging nature of the magnitude of greenhouse gas emissions reductions needed to prevent dangerous climate change
  3. The barrier that the United States has been in international climate negotiations that have been ongoing since 1990 to achieve a global solution to climate change
  4. The essential ethical and moral nature of the climate change problem, a fact that has profound significance for policy formation
  5. The nature of the climate change disinformation campaign.

 

By: 

Donald A. Brown

Scholar In Residence

Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail.com

An Ethical Analysis Of US Presidential Candidate Mitt Romney’s Views On Climate Change

Editor’s Note: This entry contains both a video and a the text on which the video was based that examines the views of US Presidential candidate Mitt Romney on climate change though an ethical lens. The text follows the video.

 

 

I. Introduction

Ethicsandclimate.org has critically examined US President Obama’s approach to climate change on several occasions. See, for instance:

Ethicsandclimate.org now turns to an ethical analysis of US Republican presidential candidate Mitt Romney’s views on climate change. Although Mitt Romney’s position on climate change appears to have changed over time (at one time supported policies to reduce the threat of climate change), he recently has opposed legislation designed to reduce greenhouse gases citing  two reasons. In an October 2011 he asserted in response to a question about his view on climate change that he was opposed to climate change legislation because:

  1.  He did not know whether climate change was human caused.
  1. Climate change is a global problem and the US should not spend huge amounts of money on a problem that is global in scope.

(See: Romney : We Don’t Know What’s Causing Global Warming, http://www.youtube.com/watch?v=cmfoQZMzsh8)

 

In addition, during his acceptance speech at the Republican convention on August 30, 2012, Romney commented on climate change by asserting that President Obama would try to stop raising seas and heal the planet while he would help American families, thus implicitly implying that he would not support climate change legislation while he was President (Lacey, 2012).

 

II. Ethical Analysis Of Romney’s Opposition To Climate Change Policies

 Should Mitt Romney’s opposition to government action on climate change be understood as a profound ethical lapse? The potential ethical significance of an unwillingness to act on climate change is obvious once one understands that:

  •  High emitting nations and individuals are putting tens of millions of the world’s poorest people at risk.
  • Tens of thousands of deaths and other harms caused by climate change are already attributable to human-induced warming, that is climate change is not just a civilization challenging  future problem but the present cause of misery to some humans in some parts of the world.
  • Even if the international community could stabilize atmospheric concentrations of  greenhouse gas emissions at current levels further warming will continue for as much as 100 years because of thermal lags in the climate system.
  • The mainstream scientific view holds that the world is likely running out of time to prevent rapid, nonlinear, and potentially catastrophic warming.

 

These facts are held by mainstream scientific view on climate change, a view supported by every academy of sciences in the world that has taken a position including theUnited States Academy of Sciences, 97 to 98% of the scientists that actually do climate science research, and over 100 scientific organizations in the world whose members have relevant expertise.

 

In light of the above, Mitt Romney’s position on human-induced warming is a stunning moral failure.  We now investigate in more detail ethical problems with the specific justifications articulated by Romney so far for his unwillingness to support climate change legislation.

 

  1. Ethical analysis of opposing greenhouse gas reduction policies on the basis of lack of scientific evidence of human causation.

 

It is not clear from candidate Romney’s stated position about human causation of observable warming whether he is claiming that there is no evidence of human causation or alternatively that there is significant scientific uncertainty about links between human activities and observed warming.

 

If Romney is claiming that there is no evidence of human causation of warming this is either a lie or reckless disregard for the truth. That is any claim that there is no evidence that observed warming is caused by human activity is demonstratively false. In fact there are numerous independent and robust lines of evidence that humans are mostly responsible for the undeniable warming the world is experiencing. This evidence includes:

Fingerprints of Human Causation of Climate Change

(Cook 2010)

  • Multiple climate fingerprints of human causation including how the upper atmosphere is warming in comparison to the lower atmosphere, nights are warming faster than days, the upper limit of the troposphere is rising as the world warms, more heat is returning to Earth, less oxygen is being found in atmosphere as CO2 rises, and ocean temperature change patterns can’t be attributed to factors that drive natural climate variability.

 

  • Multiple studies (called attribution studies) designed to statistically test the probability that observed warming could be attributed to natural variability.

 

  • Measures of isotopes of CO2 that support the conclusion that the CO2 appearing in the atmosphere is from fossil fuels combustion.

 

  • Close correlation between atmospheric CO2 concentrations and global consumption of fossil fuel and deforestation.

 

  • Inability to attribute observed warming to known causes of natural climate    variability.

 

  • Uncontestable scientific understanding that as greenhouse gases are added to the atmosphere the Earth’s climate will warm to some extent.

 

It is clearly untruthful to claim that there’s no evidence of human causation of observed warming.

Perhaps, Romney is claiming, however, not that there is no evidence of human causation, but rather that there is significant scientific uncertainty about whether warming can be attributed to human activities. Yet the mainstream scientific view on this issue is that it is more than 90% certain that observable warming is primarily caused by increasing concentrations of greenhouse gases produced by human activities including the burning of fossil fuels and deforestation (IPCC, 2007). The mainstream scientific view, as we have seen, is supported by the most prestigious scientific organizations in the world a fact in itself that has moral significance.

 

Even assuming for the sake of argument that there is more scientific uncertainty about human causation of warming than that recognized by the mainstream scientific view,  as we have explained in Ethicsandclimate.org before in numerous articles (See. e.g. Brown, 2008a), using scientific uncertainty as an excuse for non-action on climate change does not pass minimum ethical scrutiny due to certain features of the climate change problem including:

  •  The enormous adverse potential impacts on human health and the environment from human-induced climate change articulated by the consensus view.
  •  The disproportionate climate change impacts on the poorest people of the world.
  •  The real potential for potentially catastrophic climate surprises recognized by the mainstream scientific view.
  •  The fact that much of the science of the climate change problem has never or is not now in dispute, even if one acknowledges some remaining uncertainty about timing or magnitude of climate change impacts.
  •   The fact that climate change damage is probably already being experienced by some people, plants, animals, and ecosystems around the world in the form of rising seas and increased strength of tropical storms and more frequent and intense droughts and floods.
  •  The strong likelihood that serious and irreversible damage will be experienced before all the uncertainties can be eliminated.
  •  The fact that the longer nations wait to take action, the more difficult it will be to stabilize greenhouse gases at levels which don’t create serious damage.
  •  The fact that those who will be most harmed by climate change have rights to be consulted about decisions that dare made to take no action on climate change on the basis of basis scientific uncertainty.
  •  The fact that the mainstream view holds that  the world is running out of time to prevent dangerous climate change.

 

Given these features of the climate change problem, it is inconceivable that any ethical system would condone an excuse for non-action on climate change based upon scientific uncertainty. This is particularly true because if the consensus view is wrong about the magnitude and timing of climate change  it could be wrong in both directions, that is, climate change impacts could be much worse and more rapid than the impacts identified by IPCC and the US Academy of Sciences even if they also could be less harmful in regard to timing and magnitude.

All major ethical systems would strongly condemn behavior that is much less threatening and dangerous than climate change. That is deontological, utilitarian, justice, ecocentric, biocentric, and relationship based ethics would not condone using scientific uncertainty as justification for not reducing high levels of greenhouse gas emissions given what is not in dispute among mainstream climate scientists (See Brown, 2002: 141-148). For this is a problem that if not controlled may cause the death of tens or hundreds of thousands of helpless victims caused by intense storms and heat waves, the death or sickness of millions that may suffer dengue fever or malaria, the destruction of some nations’ ability to grow food or provide drinking water, the devastation of forests and personal property, and the acceleration of elimination of countless species of plants and animals that are already stressed by other human activities. In summary, global warming threatens many of the things that humans hold to be of most value, i.e., life, health, family, the ability to make a living, community, and the natural environment.

The ethical duty to avoid risky behavior is proportional to the magnitude of the potential harm. Because climate change is likely to cause death to many, if not millions of people, through heat stroke, vector borne disease, and flooding, annihilate many island nations by rising seas, cause billions of dollars in property damage in intense storms, and destroy the ability of hundreds of millions to feed themselves in hotter drier climates, the duty to refrain from activities which could cause global warming is extraordinarily strong even in the face of scientific uncertainty about consequences.

Therefore, the nature of the risk from climate change is enormous and using scientific uncertainty as an excuse for doing nothing is ethically intolerable.

In fact that there is wide spread cross-cultural acceptance of the idea that one should not engage in very risky behavior that could cause great harm to things which people attach great value to is a conclusion that is clear from the acceptance of the “precautionary principle” in a growing number of international treaties including the 1992 United Nations Framework Convention on Climate Change (UN, 1992, Article 3). Under the precautionary principle agreed in the climate change convention, nations promised not to use scientific uncertainty as an excuse for not taking cost-effective action. This is an additional ethical reason why scientific uncertainty cannot now be used by nations as an excuse for refusing to make reductions to their fair share of safe global emissions. That is, in addition to the strong ethical reasons identified  sbove, a nation may not break a promise made to other nations in the UNFCCC to not use scientific uncertainty as justification for non-action on climate change.

 

II. Ethical Duty To Act Does Not Depend On Other Nation’s Greenhouse Gas Emissions Reduction Commitments

As we have seen, Presidential candidate Romney has also indicated that he would not support US domestic change legislation because it is a global problem and  the United States should not spend money on such a global problem. It would appear that Romney is objecting to US expenditures to reduce greenhouse gases as long as other nations are not also committing to reduce their greenhouse gas emissions although it is not clear why Romeny would object to US action on climate change on the basis that is a global problem. Implicit in this justification appears to be the unstated assumption that no nation need to reduce its greenhouse gas emissions to its fair share of safe global missions until other nations act accordingly. Yet  this excuse for non-action on climate change also does not withstand minimum ethical scrutiny.

Because current greenhouse gas levels are already harming people, plants, animals, and ecosystems around the world according to the consensus climate change scientific view, and even if global  atmospheric concentrations of greenhouse gases could be stabilized at current levels, an extraordinarily difficult goal to achieve, climate change-caused harms will grow in the years ahead. For this reason, current levels of total global greenhouse gas emissions must be reduced significantly to avoid future harms especially to those who have done little to cause the existing problem.

Yet, not all nations have equal responsibility to reduce greenhouse emissions given differences among nations in current and past emissions levels and steps already taken to reduce national emissions. However, all nations have an ethical duty to reduce their greenhouse gas emissions to their fair share of safe global emissions if they are exceeding their fair share (See Brown 2008). Although reasonable people may disagree on what fairness requires because different theories of distributive justice reach different conclusiosn about how to allocate responsibility, no developed nation may reasonablly make the argument that they are justified in not reducing greenhouse gas emissions subatanially because of the cilization challenging magnitude of emissions reductions that are needed to stabilze atmospheric concentrations at safe levels and the hugely disproportionate emissons levels attributable to developed nations.

As a matter of distributive justice, no nation nay deny that it has a duty to keep its national emissions levels below its fair share of safe global emissions. Therefore if a nation is exceeding its fair share of safe global emissions, that nation has an ethical duty to reduce emissions and this duty does not depend upon what other nations are doing.

Although some developing nations can make a presentable argument that they could increase greenhouse gas emissions without exceeding their fair share of global emissions, the developed nations, including the United States cannot make this argument because it is known that existing total global emissions levels need to be significantly reduced and the developed nations are very high emitting nations compared to most nations in the world. For this reason, the United States and other developed nations, along with perhaps a few developing nations, have an immediate duty to begin to reduce their emissions to their fair share of safe global emissions and this obligation is compelled by basic justice, not a need for leadership.

The duty to reduce emissions is not diminished if others who are contributing to the harm fail to cease their harmful behavior. This is so because no nation or person has a right to continue destructive behavior on the basis that others who are causing damage have not ceased their destructive behavior. The only question that needs to be examined to trigger a responsibility to begin to make immediate reductions in greenhouse gas emissions  is whether the nation is exceeding its fair share of safe global emissions.

In addition to principles of distributive justice, developed nations have another strong reason why they must reduce their emissions to their fair share of safe global emissions. That is, they promised to do reduce their emissions based upon “equity” in the Untied Nations Framework Convention on Climate Change to prevent dangerous anthropocentric interference with the climate system. Violating a provision of an international agreement such as the UNFCCC is considered a wrongful act under international law, and is therefore an unethical action for consenting nations (See, e.g., International Law Commission Draft Articles on State Responsibility Art. 2(a) & (b), 2001). Since parties to the UNFCCC also agreed that Annex I countries, that is developed countries, would take the lead in combating climate change and modifying future trends, Annex I countries must undertake policies and measures to limit their emissions regardless of actions taken by non-Annex I country parties. This is now a matter of international law as well as a principle of distributive justice.

For these reasons, high emitting nations in particular have a legal and ethical responsibility to reduce emissions to their fair share of safe global emissions. This duty applies regardless of efforts undertaken by other nations.

And so, Republican presidential candidate Romney may not justify a refusal of the United States to reduce its greenhouse gas emissions  to its fair share of safe global emissions on the basis that other nations refuse to do so. All that is being asked of United States is that it limit its greenhouse gas emissions to  it’s fair and just share. It is not being asked to solve the problem for the rest of the world.

For these reasons, the United States may not refuse to reduce its emissions to its fair share of safe global emission because not all nations have acted accordingly. Such a conclusion is ethically absurd.

 

III. Conclusion

 For all these reasons, US presidential candidate Romney’s position on climate change fails to pass minimal ethical scrutiny.

 

References:

 Brown, Donald (2002) American Heat, Ethical Problems with The United States Response to Global Warming, Rowman and Littlefield, Lantham Maryland.

 Brown, Donald (2008) Nations Must Reduce Greenhouse Gas EmissionsToTheirFair Share of Safe Global Emissions Without Regard To What Other Nations Do, EthicsandClimate.org. EthicsandClimage.org, http://blogs.law.widener.edu/climate/2008/06/08/nations-must-reduce-greenhouse-gas-emissions-to-their-fair-share-of-safe-global-emissions-without-regard-to-what-other-nations-do/

Brown, Donald (2008a) The Ethical Duty to Reduce Greenhouse Gas Emissions in the Face of Scientific Uncertainty, EthicsandClimate.org http://blogs.law.widener.edu/climate/2008/05/19/the-ethical-duty-to-reduce-greenhouse-gas-emissions-in-the-face-of-scientific-uncertainty/

 Brown, Donald (2012) The Silence of  US President Obama on  Climate Change-A Serious Ethical Lapse? EthicsandClimate.org, http://blogs.law.widener.edu/climate/2012/08/29/the-silence-of-us-president-obama-on-climate-change-a-serious-ethical-lapse/

Brown, Donald (2009) Ethical Problems With Some of Obama Team’s Approach to Climate Change? EthicsandClimate.org. http://blogs.law.widener.edu/climate/2009/01/06/ethical-problems-with-some-of-the-obama-teams-approach-to-climate-change/

Cook, John (2010) Ten Human Indicators on Climate Change, Skeptical Science, http://www.skepticalscience.com/10-Indicators-of-a-Human-Fingerprint-on-Climate-Change.html

International Law Commission (2001) Draft Articles on Responsibility of States for Internationally Wrongful Acts, Supplement No. 10 (A/56/10), chp.IV.E.1, available at: http://www.unhcr.org/refworld/docid/3ddb8f804.html [accessed 1 September 2012]

Intergovernmental Panel On Climate Change (IPCC 2007) The AR4 Synthesis Report, Section 2(4) Attribution of Climate Change.  http://www.ipcc.ch/publications_and_data/ar4/syr/en/mains2-4.html

Lacey, Stephen (2012) RepublicanConventionRecap: AsExpertsWarnTheDoorIsClosingOnClimate, TheGOPMocksTheProblem, Think Progress, http://thinkprogress.org/climate/2012/08/31/783341/republican-convention-recap-as-experts-warn-the-door-is-closing-on-climate-the-gop-mocks-the-problem/?mobile=nc

 Romney, Mitt (2011) We Don’t Know What’s Causing Global Warming, You Tube, http://www.youtube.com/watch?v=cmfoQZMzsh8)

United Nations (UNFCCC) (1992) United Nations Framework Convention on Climate Change, UN Document, A: AC237/18, 29 May 1992.

By:

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown 57@gmail.com

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

This is the second in a three part video series on why the climate change disinformation campaign is so utterly ethically offensive. The fist video in this series looked at the how the campaign was responsible for allowing greenhouse gas atmospheric concentrations to rise from 320 ppm when warnings of the harsh impacts of climate change were articulated in the scientific community in the 1960s to 395 ppm now. This series distinguishes between scientific skepticism which is good and should be encouraged from the tactics of the disinformation campaign which are shown to be ethically odious.

 

This  second video  in the series looks at several of the tactics of the disinformation campaign in more depth and contrasts them with responsible skepticism.

 

 

A third video in the series will be posted soon that continues the examination of disinformation campaign tactics and then examines these tactics through an ethical lens. A detailed four part written series on the disinformation campaign can be found on EthicsandClimate.org under the category “climate disinformation.”

By:

 

Donald A. Brown

Scholar In Residence, Sustainability Ethics and Law

Widener University School of Law

dabrown57@gmail. com

Why The Climate Change Disinformation Campaign Is So Ethically Abhorrent

This video explains why the climate change disinformation campaign is so utterly ethically abhorrent. It briefly identifies the  morally indefensible tactics used by a campaign designed to undermine mainstream climate science in ways that utterly fail to acheive minimum norms of responsible scientific skepticism while at the same time greatly endangering many of the world’s poorest people The video distinguishes responsible skepticism, something that should be encouraged,  from morally abhorrent disinformation.

 

 

This 14 minute video is only an introduction to many ethical issues raised by the disinformation campaign. Those interested in a more in depth analysis of the disinformation campaign should consult the four part series on the ethics of the disinformation campaign the last in the series can be found at

Irresponsible Skepticism: Lessons Learned From the Climate Disinformation Campaign at

http://blogs.law.widener.edu/climate/2012/02/17/responsible_skepticism_lessons_learned_from_the_climate_disinformation_campaign/

 

By Donald A. Brown

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

ClimateEthics Analysis Moves to Widener University School of Law As EthicsandClimate.org

Dear former subscribers to ClimateEthics and new visitors  to Ethicsandclimate.org:

 

After over 80 articles on the ethics of climate change at ClimateEthics.org, I am moving to Widener University School of Law where the analyses formerly posted on ClimateEthics as well as new posts will continue at this site, EthicsandClimate.org. 

Climate change must be understood essentially as a civilization challenging ethical and moral problem. This realization has profound practical consequences for policy formation.   Yet the ethical implications of policy responses have usually been ignored in policy debates that have now spanned thirty years. Despite 20 years of international negotiations to come up with a global solution to climate change under the United Nations Framework Convention on Climate Change, the ethical and justice dimensions of national positions remain the key missing element in the positions of national governments.

This site examines the ethical dimensions of climate science, economics, politics, policy responses, trading, atmospheric greenhouse gas stabilization goals, as well as the obligations of nations, governments, businesses, organizations, and individuals to respond to climate change and pay for adaptation responses and damages.

The site will follow the positions taken by governments in international climate change negotiations and subject them to an ethical critique. The site will subject arguments made by proponents and opponents of  climate change policies to ethical scrutiny.

The site believes that turning up the volume on the ethical dimensions of climate change is key to moving the world to a just solution to climate change.

Because many of the most important ethical issues that need to be faced in climate change policy formation are often hidden in dense  scientific and economic discourses that most people, including many policy professionals, have difficulty in unpacking, this sites seeks to help those concerned about climate change understand the ethical issues often obscured by what first appears to be the “value-neutral” languages of science and economics.

For these reasons, the purpose of this site is to help civil society understand, debate, and respond to the ethical dimensions of climate change.

Prior subscribers to ClimateEthics and new visitors to this site,  please subscribe to this new website by clicking on the subscribe button. 

 

Thank you,

Donald A. Brown
EthicsandClimate.org
As of July 1, 2012,
Scholar In Residence, Sustainability Ethics and Law,
Widener University School of Law