Much of the climate justice discussion revolves around how the remaining carbon budget should be globally allocated. Some authors defend the unjust enrichment interpretation of the beneficiary pays principle (BPP). According to this principle, those states unjustly enriched from historical emissions should pay. I argue that if the BPP is to be constructed along the lines of the unjust enrichment doctrine, countervailing reasons that might be able to block the existence of a duty of restitution should be assessed. One might (...) think that the duty to provide restitution no longer has moral weight if many benefits were already consumed, if the particular benefits obtained from historical emissions cannot be transferred from one country to another, or if present members of developed countries framed their life plans based upon the expectation of continued possession of those benefits. I show that none of these reasons negate the duty to provide restitution. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter introduces (...) several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

As a response to climate change, geoengineering with solar radiation management has the potential to result in unjust harm. Potentially, this injustice could be ameliorated by providing compensation to victims of SRM. However, establishing a just SRM compensation system faces severe challenges. First, there is scientific uncertainty in detecting particular harmful impacts and causally attributing them to SRM. Second, there is ethical uncertainty regarding what principles should be used to determine responsibility and eligibility for compensation, as well as determining how (...) much compensation ought to be paid. Significant challenges loom for crafting a just SRM compensation system. (shrink)

Critics of carbon mitigation often appeal to what Jonathan Glover has called ‘the argument from no difference’: that is, ‘If I don’t do it, someone else will’. Yet even if this justifies continued high emissions by the industrialised countries, it cannot excuse business as usual. The North’s emissions might not harm the victims of climate change in the sense of making them worse off than they would otherwise be. Nevertheless, it receives benefits produced at the latter’s expense, with the result (...) that it has more than it deserves, and that victims will have less. This enrichment is unjust; unjustly enriched agents ought to make compensation. The best form of compensation is vigorous action against climate change. (shrink)

A range of developing countries and international advocacy organizations have argued that wealthy countries, as a result of their greater historical contribution to human-induced climate change, owe a ?climate debt? to poor countries. Critics of this argument have claimed that it is incoherent or morally objectionable. In this essay we clarify the concept of climate debt and assess its value for conceptualizing responsibilities associated with global climate change and for guiding international climate negotiations. We conclude that the idea of a (...) climate debt can be coherently formulated, and that while some understandings of the idea of climate debt could lead to morally objectionable conclusions, other accounts would not. However, we argue that climate debt nevertheless provides an unhelpful frame for advancing global justice through international climate negotiations ? the only existing means of resolving political conflict over the collective action problems posed by human-induced climate change ? due to its retrospective and potentially adversarial emphasis, and to problems of measurement. (shrink)

In this paper, I explore the question of how the costs of undertaking an important type of climate change mitigation should be shared amongst states seeking an environmentally effective and equitable response to global climate change. While much of the normative literature on climate mitigation has focused on burden sharing within the context of reductions in emissions of greenhouse gas, I explore the question of how the costs of protecting tropical forests in order to harness their climate mitigation potential should (...) be distributed amongst developing and developed states. In response to this question, I outline and defend a ‘beneficiary pays’ account of forestry mitigation burden sharing that requires affluent states to finance measures supporting avoided deforestation while less affluent states, within whose territory these forests tend to be located, implement these measures. The normative basis for this account, I argue, is a principle of ‘unjust enrichment’ according to which developed states must bear much of the cost of avoided deforestation for its climate mitigation potential because of the huge economic benefits their citizens have accumulated from productive activities that have contributed to climate change. (shrink)

One major question in climate justice is whether developed countries’ historical emissions are relevant to distributing the burdens of mitigating climate change. To argue that developed countries should bear a greater share of the burdens of mitigation because of their past emissions is to advocate ‘historical accountability.’ Standard arguments for historical accountability rely on corrective justice. These arguments face important objections. By using the notion of a global emissions budget, however, we can reframe the debate over historical accountability in terms (...) of distributive justice. This paper argues that, given two defensible assumptions, distributive justice requires historical accountability. These assumptions are that the proper claimants on the emissions budgets are societies or states, not individuals, and that we should be allocating the entirety of the original, pre-industrial budget, rather than just the remainder. (shrink)

The politics of climate change is marked by the fact that countries are dragging their heels in doing what they ought to do; namely, creating a binding global treaty, and fulfilling the duties assigned to each of them under it. Many different agents are culpable in this failure. But we can imagine a stylised version of the climate change case, in which no agents are culpable: if the bad effects of climate change were triggered only by crossing a particular threshold, (...) and it was reasonably, but mistakenly, believed by each country that insufficiently many other countries were willing to cooperate in order for that threshold to remain uncrossed, no country would be required to make a unilateral contribution. Yet even without culpability, we can diagnose a moral ill: the world has gone other than it should have. If not for the mistaken beliefs, there would have been a global climate treaty, and all the avoidance of future suffering that would come with it. In this article I argue that this moral ill has implications for the non-culpable agents, in that it generates duties to disgorge actual holdings over and above the counterpart holdings in the relevant counterfactual: those holdings the agents would have had, were the world to have gone as it should. (shrink)

Political philosophers commonly tackle the issue of climate change by focusing on fundamental interests as a basis for human rights. This approach struggles, however, in cases where one set of fundamental interests requires one course of action, and another set of fundamental interests requires another course of action. This article advances an alternative response to climate change based on an account of global justice that gives weight to utilitarian, prioritarian, and luck egalitarian considerations. A practical application of this pluralistic account (...) is provided, which shows that it handles trade-offs between individuals’ interests in an appealing way, and that it supports an aggressive policy of climate change mitigation. This account provides a more plausible justification for rights against the harms of climate change. (shrink)

This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) relevant principle of climate justice for food security should meet the following criteria: (1) the parties concerned under the scheme are states; (2) fairness does not undermine the requirement that the basic needs of all people must be met; (3) when determining fair burdens, a fair distribution of the rights to use GHG sinks should be sensitive both to each state’s responsibility for its GHG emissions and to (4) each state’s effort to reduce such emissions. With them in mind, first, we argue that the Lockean proviso can provide legitimate guidance for each state. Second, the Lockean proviso reasonably enjoins that a state has a right to a food system that secures its citizens’ basic needs, and a duty to meet the basic needs of other people. Third, the Lockean proviso can be deployed as a principle of both global justice and intergenerational justice for food security. Finally, the Lockean proviso enables us to count the reduction of GHG emissions by each state as “the fruits of its labors”. (shrink)

Many have argued that that it is morally wrong to benefit from an agent's culpable wronging of a third party. This thought has formed the basis of some arguments that agents can have duties to make up for wrongful acts by others that they could not have stopped, or that occurred before they were born. For example, it has been argued that those who benefited from slavery, colonialism and other shameful events in their nation's history should surrender those benefits, their (...) equivalent value, or provide other forms of redress. Some have also argued that it is morally wrong to benefit from unjust situations caused by third parties even where there is no culpable element. These ideas have potential to be a principle of redress for harms that are caused by the working of very complex systems, such as the global climate system. Geoengineering, the intentional manipulation of the global climate, is a new development in climate science and policy — and one which raises many normative challenges. This article focuses on one specific challenge. The global climate is very complex and there is a real possibility that the best available science will not be able to account for all the consequences of deploying a geoengineering technique. Therefore, any governance regime that allows deployment will have to consider how to organise compensation or redress for any adverse impacts that could not have been predicted at the time of deployment. This article proposes that, with some modification, the principle that agents should surrender benefits that have accrued to them from using geoengineering techniques, can be a good basis for such a scheme. (shrink)

Debates about individual responsibility for climate change revolve mainly around individual mitigation duties. Mitigation duties concern future impacts of climate change. Unfortunately, climate change has already caused important harms and it is foreseeable that it will cause more in the future, in spite of our best efforts. Thus, arguably, individuals might also have duties related to those harms. In this paper, I address the question of whether individuals are obligated to provide compensation for climate related harms that have already occurred. (...) I explore two possible strategies to answer that question. The straightforward strategy answers in the affirmative. Two approaches embrace this strategy: the ‘ecological citizenship’ approach and the benefits-based approach. I challenge those two approaches and rule out an affirmative answer. The alternative strategy answers in the negative but provides a way to respond to why currently living individuals should pay for burdens created for past individuals. Two possible approaches embrace this alternative: the community-based approach and my own state-based benefits approach. I will argue that individual duties do not fall under the realm of compensatory justice, but they have nonetheless a duty to bear compensatory burdens allocated to their states. (shrink)

This paper examines the responsibilities of states to assist and to receive stateless people who are forced to leave their state territory due to rising seas and other unavoidable climate change impacts and the rights of ‘climate refugees’ to choose their host state. The paper employs a praxeological method of non-ideal theorising, which entails identifying and negotiating the unavoidable tensions and trade-offs associated with different framings of state responsibility in order to find a path forward that maximises the protection of (...) climate refugees within the constraints imposed by political feasibility. It argues that the responsibility of states to support climate refugees through financial and technical assistance should be treated separately from their responsibility to receive them. The former is a differentiated responsibility grounded in the ability to pay principle, or relative capability, while the latter is a common responsibility grounded in the fact that all states have causally contributed to their plight, albeit in varying degrees which cannot be, and need not be, precisely determined. A common state ‘responsibility to receive’ is linked with a right on the part of climate refugees to choose their host to suit their circumstances, which would provide a form of partial compensation for the injustice and trauma of their loss and damage. This right is expected to become more viable, and the political willingness of states to receive them more likely, the more that climate refugees are assured of adequate support for resettlement according to states’ differentiated responsibilities to assist. (shrink)

Within the climate justice debate, the ‘beneficiary pays’ principle holds that those who benefit from greenhouse emissions associated with industrialization ought to pay for the costs of mitigating and adapting to their adverse effects. This principle constitutes a claim of inter-generational justice, and it is widely believed that the non-identity problem raises serious difficulties for any such claim. After briefly sketching the rationale behind ‘beneficiary pays,’ this paper offers a new way of understanding the claim that persons in developed societies (...) have benefited from industrialization. It argues that when we think of the claim in this new way, it evades the non-identity problem entirely. Some objections to this approach are then considered and rebutted. The paper concludes by comparing the present, relatively modest solution to the nonidentity problem with a much more ambitious attempt from the recent literature. (shrink)

Climate justice demands polluters to take responsibility for both present and future harm caused by past GHG emissions and for future harm caused by future GHG emissions. One problem with this is double climate taxation: people living in historical polluting countries must both shoulder the burden of an effective and inclusive climate transition and repay the climate debt incurred by their predecessors. Although double climate taxation might be defensible on normative grounds, it risks making climate justice politically infeasible. I therefore (...) maintain that global climate justice should focus on future, rather than past, climate harms. The forward-looking polluter pays principle (FL-PPP) can ensure both a cost-effective climate transition and a fair distribution of the climate burden, provided it is applied as follows: i) each country must introduce a carbon price calibrated to the global social cost of carbon; ii) each country must transfer part of carbon revenues collected at the country level to an international fund; iii) global carbon revenues must be redistributed on the basis of the country-level social cost of carbon. The FL-PPP burden can be made more progressive, moreover, if the formula for allocating global carbon revenues is adjusted through two coefficients, one consumption-based and one priority-sensitive. (shrink)

This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states' responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states' obligations, a duty to accept (...) displaced islanders can be established. However, the proximity principle is ill-suited to determining which states should shoulder responsibility in this situation. Drawing on Miller's account of remedial responsibility and his ‘connection theory,’ I suggest that the obligation to accept ‘environmental refugees’ should be shouldered principally by affluent states that share significant degrees of causal and moral responsibility for climate change, and also have particularly strong capacities to assist the displaced. (shrink)

The first impacts of climate change have become evident and are expected to increase dramatically over the next decades. Thus, it becomes more and more pressing to decide who has to compensate those people who suffer from negative impacts of climate change but have neither contributed to the problem nor possess the resources to cope with the consequences. Since the frequently invoked Polluter Pays Principle cannot account for all climate-related harm, I will take a closer look at the much more (...) controversial Beneficiary Pays Principle. It is argued that, appropriately qualified, the Beneficiary Pays Principle can help to identify additional duty-bearers. Based on these results, I briefly comment on three different policy options to generate funds for compensation. (shrink)

Although actions of individuals do contribute to climate change, the question whether or not they, too, are morally obligated to reduce the GHG emissions in their responsibility has not yet been addressed sufficiently. First, I discuss prominent objections to such a duty. I argue that whether individuals ought to reduce their emissions depends on whether or not they exceed their fair share of emission rights. In a next step I discuss several proposals for establishing fair shares and also take practical (...) considerations into account. I conclude that individuals should not always be obliged to reduce their emissions to what is their fair share for they may depend on carbon-intensive structures. Instead, they have a Kantian imperfect duty to reduce their emissions ‘as far as can reasonably be demanded of them’. In addition, they should press governments to introduce proper regulation. At the end, I further specify both duties. (shrink)

From a nonideal justice perspective, this article investigates liability and compensation intheir wider theoretical context to better understand the governance of climate loss anddamage under the United Nations Framework Convention on Climate Change(UNFCCC). The usual rationale for considering compensation takes a backward-looking understanding of responsibility. It links those causing harm directly to its remedy. Thisarticle shows that, under current political circumstances, it is more reasonable to understandresponsibility as a forward-looking concept and thus to differentiate responsibilitieson grounds of capacity and solidarity. (...) The article argues that loss and damage entitlementsinUNFCCCgovernance should be understood as entitlements to a threshold of capabilitiesfor resilience. While compensation merely means redressing the situation ex ante a threat,entitlements to capabilities for resilience can entail more demanding responsibilities ofsupport. This means that Article 8 of the Paris Agreement has much more demandingimplications than it might at first appear. (shrink)

This chapter lays out what we take to be the main types of justice and ethical challenges concerning those adverse effects of climate change leading to climate-related Loss and Damage (L&D). We argue that it is essential to clearly differentiate between the challenges concerning mitigation and adaptation and those ethical issues exclusively relevant for L&D in order to address the ethical aspects pertaining to L&D in international climate policy. First, we show that depending on how mitigation and adaptation are distinguished (...) from L&D, the primary focus of policy measures and their ethical implications will vary. Second, we distinguish between a distributive justice framework and a compensatory justice scheme for delivering L&D measures. Third, in order to understand the differentiated remedial responsibilities concerning L&D, we categorise the measures and policy approaches available. Fourth, depending on the kind of L&D and which remedies are possible, we explain the difference between remedial and outcome responsibilities of different actors. [Open access]. (shrink)

This paper suggests a way to elaborate the ethical implications of the Warsaw International Mechanism (WIM) as decided at COP 19 from the perspective of justice. It advocates three pro-posals. First, in order to fully understand the responsibilities and liabilities implied in the WIM, adaptation needs to be distinguished from loss and damage (L&D) on the basis of the different goals which should be attributed to adaptation and to L&D approaches. Second, the primary concern of the WIM should be compensatory (...) justice. In case of climate L&D, three aspects of compensatory justice should be kept separate: corrective liability, remedial responsibility, and with regard to the resources available, fair remedy. Third, it is crucial to distinguish between recov-erable damage and irrecoverable or at least not fully recoverable loss. This distinction is crucial because it informs the principles of fair remedy and because damage and loss may differ in their relevance for the stability and functioning of a human system. (shrink)

Global structural injustices are harms caused by structural processes, involving multiple individuals, acting across more than one state. Young (2011) developed the concept of ‘political responsibility,’ to allocate responsibility for structural injustice. In this paper, I am going to argue that when considering the climate crisis Young’s model needs to be adapted— to have agency as a basis for allocating political responsibility instead of contribution. This is a more intuitive way to allocate responsibility for the climate crisis given its nature (...) as a threshold problem, and the subtle structural positions occupied by the individuals involved. (shrink)

According to the Polluter Pays Principle, excessive emitters of greenhouse gases have special obligations to remedy the problem of climate change, because they are the ones who have caused it. But what kind of problem is climate change? In this paper I argue that as a moral problem, climate change has a more complex causal structure than many proponents of the Polluter Pays Principle seem to recognize: it is a problem resulting from the interaction of anthropogenic climate effects with the (...) underlying vulnerability and exposure of human communities and other things of value. This means that we should acknowledge more pathways by which human agency contributes to the climate problem and, accordingly, a different landscape of contribution-based remedial responsibilities. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

Emissions grandfathering maintains that prior emissions increase future emission entitlements. The view forms a large part of actual emission control frameworks, but is routinely dismissed by political theorists and applied philosophers as evidently unjust. A sympathetic theoretical reconsideration of grandfathering suggests that the most plausible version is moderate, allowing that other considerations should influence emission entitlements, and be justified on instrumental grounds. The most promising instrumental justification defends moderate grandfathering on the basis that one extra unit of emission entitlements from (...) a baseline of zero emissions increases welfare to a greater extent where it is assigned to a high emitter than where it is assigned to a low emitter. Moderate grandfathering can be combined with basic needs and ability to pay considerations to provide an attractive approach to allocating emission entitlements. (shrink)

This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second question, (...) the Just Burden Question. To answer this question, I argue, it is necessary to address two important methodological questions (one concerning the choice between what I term Integrationism and Isolationism and the other concerning the choice between what I term Holism and Atomism). Sections III-V, thus, set out and explore these two methodological issues. Having done so, the paper then turns from methodological issues to substantive analysis, and in Section VI it examines three principles of distributive justice that, it has been suggested, should determine how the burden of addressing dangerous climatic changes should be distributed (the Polluter Pays Principle, the Ability to Pay Principle and the Beneficiary Pays Principle). (shrink)

This introduction aims to describe some fundamental problems of intergenerational justice and climate change. It also intends to provide comments on improved versions of some of the best papers presented in the International Meeting “Intergenerational Justice and Climate Change: juridical, moral and political issues” that took place at Cordoba National University (Argentina), in September 2017. In that meeting, the discussion focused on these topics by considering the ideas of the two keynote speakers invited to the event: Lukas H. Meyer and (...) Alessandro Pinzani. I devote the last part of this essay to discuss two pressing issues concerning climate change whose practical solutions challenge our standard understanding of the notion of harm. I discuss, on the one hand, certain issues related with the non-identity problem. On the other hand, I try to identify what kind of obligation do we have when we talk about minimizing the number of people who will suffer harm as a result of the adverse effects of climate change. (shrink)

Agricultural innovation happens at different scales and through different streams. In the absence of a common global research agenda, decisions on which innovations are brought to existence, and through which methods, are taken with insufficient view on how innovation affects social relations, the environment, and future food production. Mostly, innovations are considered from the standpoint of economic efficiency, particularly in relationship to creating jobs for technology-exporting countries. Increasingly, however, the realization that innovations cannot be successful on their technical prowess alone (...) calls for a broader investigation. (shrink)

This paper presents a case for compensation of actual harm from climate change in the poorest countries. First, it is shown that climate change threatens to reverse the fight to eradicate poverty. Secondly, it is shown how the problems raised in the literature for compensation to some extent are based on misconceptions and do not apply to compensation of present actual harm. Finally, two arguments are presented to the effect that, in so far as developed countries accept a major commitment (...) to mitigate climate change, they should also accept a commitment to address or compensate actual harm from climate change. The first argument appeals to the principle that if it is an injustice to cause risk of incurring harm in the future, then it is also an injustice to cause a similar harm now. The second argument appeals to the principle that if there is moral reason to reduce the risk of specific harms in the future, then there is also moral reason to address these harms if they materialize now. We argue that these principles are applicable to climate change, and that given the commitment of wealthy countries to a “common but differentiated responsibility,” they lead to a commitment to address or compensate harm from climate change in poor and vulnerable developing countries. (shrink)