One of the core debates concerning equity in the response to the threat of anthropogenic climate change is how the responsibility to reduce greenhouse gas emissions should be allocated, or, correspondingly, how the right to emit greenhouse gases should be allocated. Two alternative approaches that have been widely promoted are, first, to assign obligations to the industrialized countries on the basis of both their ability to pay and their responsibility for the majority of prior emissions, or, second, to assign (...) emissions rights on a equal per capita basis. Both these proposals ignore intra-national distributional equity. Instead, we develop a policy framework we call 'Greenhouse Development Rights' which allocates obligations to pay for climate policies on the basis of an individually quantified metric of capacity and responsibility . Crucially, the GDRs framework looks at the distribution of income within countries and treats people of equal wealth similarly, whatever country they live in. Thus even poor countries have obligations proportional to the size and wealth of their middle and upper classes, defined relative to a 'development threshold'. While this method nominally identifies the 'right to development' as applying to people, not countries, as a proposal for a treaty among sovereign nations, there is no obvious way to give legal meaning to that right. In this paper, then, we raise some of the philosophical and political questions that arise in trying to quantify capacity and responsibility and to use the 'right to development' as a principle for allocating costs.*. (shrink)

I contend that to be politically feasible a global climate treaty must satisfy the International Paretian principle (IP). I begin by defending IP as a principle of instrumental rationality that reflects the fact of extremely limited altruism vis-à-vis foreigners. I then address two objections to my thesis. One holds that an IP treaty is either economically infeasible or, contrary to its proponents’ claim, does not require side payments from poor states to rich ones. The other holds poor (...) states will reject any climate treaty that requires such side payments because it ignores or exacerbates their unjust treatment by rich states. (shrink)

One of the core debates concerning equity in the response to the threat of anthropogenic climate change is how the responsibility to reduce greenhouse gas emissions should be allocated, or, correspondingly, how the right to emit greenhouse gases should be allocated. Two alternative approaches that have been widely promoted are, first, to assign obligations to the industrialized countries on the basis of both their ability to pay (wealth) and their responsibility for the majority of prior emissions, or, second, to (...) assign emissions rights on a (possibly modified) equal per capita basis. Both these proposals ignore intra-national distributional equity. Instead, we develop a policy framework we call ‘Greenhouse Development Rights’ (GDRs) which allocates obligations to pay for climate policies (both mitigation and adaptation) on the basis of an individually quantified metric of capacity (ability to pay) and responsibility (prior emissions). Crucially, the GDRs framework looks at the distribution of income within countries and treats people of equal wealth similarly, whatever country they live in. Thus even poor countries have obligations proportional to the size and wealth of their middle and upper classes, defined relative to a ‘development threshold’. While this method nominally identifies the ‘right to development’ as applying to people, not countries, as a proposal for a treaty among sovereign nations, there is no obvious way to give legal meaning to that right. In this paper, then, we raise some of the philosophical and political questions that arise in trying to quantify capacity and responsibility and to use the ‘right to development’ as a principle for allocating costs.Footnote**The ‘Greenhouse Development Rights’ (GDRs) framework is a collective project. The core team includes the author, Tom Athanasiou, Sivan Kartha and Eric Kemp-Benedict; this is the ‘we’ that appears where the text refers to the project, as in ‘we intended this’, and so on. This paper, however, is primarily the author's own product and, beyond the description of GDRs, my collaborators have not read or approved it; thus much of the writing and philosophical speculation uses the first person singular. And, while credit for useful work goes to all team members, the blame for philosophical sloppiness remains with the author. (shrink)

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's (...) climate envoy, Todd Stern, takes a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

Treaty Norms and Climate Change MitigationDarrel MoellendorfCurrently the international community is discussing the regulatory framework to replace the Kyoto Protocol after 2012. The unveiling of the new framework is scheduled to occur at the December 2009 COP in Copenhagen. The stakes are high, since any treaty will affect the development prospects of per capita poor countries and will determine the climate change–related costs borne by poor people for centuries to come. Failure to arrive at an agreement (...) would have grave effects on the development prospects of poor countries, many of which will experience the most severe effects of climate change. The original UNFCCC treaty recognizes these kinds of concerns and requires that further treaty negotiation pay them heed. Any agreement will be required to conform to UNFCCC norms related to sustainable development and the equitable distribution of responsibilities. In this paper I argue that UNFCCC norms tightly constrain the range of acceptable agreements for the distribution of burdens to mitigate climate change. I conclude that any legitimate treaty must put much heavier mitigation burdens on industrialized developed countries. Of the various proposals that have received international attention, two in particular stand out as possibly satisfying UNFCCC norms regarding the distribution of responsibilities. (shrink)

Climate change and justice are so closely associated that many people take it for granted that a global climate treaty should--indeed, must--directly address both issues together. But, in fact, this would be a serious mistake, one that, by dooming effective international limits on greenhouse gases, would actually make the world's poor and developing nations far worse off. This is the provocative and original argument of Climate Change Justice. Eric Posner and David Weisbach strongly favor both a (...) climate change agreement and efforts to improve economic justice. But they make a powerful case that the best--and possibly only--way to get an effective climate treaty is to exclude measures designed to redistribute wealth or address historical wrongs against underdeveloped countries. In clear language, Climate Change Justice proposes four basic principles for designing the only kind of climate treaty that will work--a forward-looking agreement that requires every country to make greenhouse--gas reductions but still makes every country better off in its own view. This kind of treaty has the best chance of actually controlling climate change and improving the welfare of people around the world. (shrink)

This article critically evaluates the process of technology transfer from developed to developing countries. It considers market-based policies contained in the United Nations Framework Convention on Climate Change, which are proposed as tools to promote the transfer of technologies that can abate greenhouse gas emissions contributing to climate change. It uses the case of India to exemplify the conditions that exist and issues that arise in a rapidly developing country that is a recipient of such investments. It contests (...) the claim that such market-based strategies embodied in the present climate policy framework can facilitate the transfer of technologies that offer ecologically sustainable and socially equitable solutions for developing countries. (shrink)

The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar in (...) these respects to that of Sunstein, Posner and Weisbach, it differs in other important respects, including his understanding of the idea of justice, his disagreement with the policy approach (which he calls "efficiency with sacrifice") favored by the economists Nicholas Stern and William Nordhaus, and his proposal for establishing a new international financial institution, a World Climate Bank, in addition to putting a price on carbon. Elsewhere I offer a critical analysis of the position taken by Posner and Weisbach in their book, Climate Change Justice. Their arguments against allowing principles of distributive justice (narrowly understood) to constrain treaty negotiations fail to rule out the principles of John Rawls' Law of Peoples (which is a conception of the moral basis of a just international order, including states' obligations to secure basic human rights for all). Therefore their arguments against shaping climate treaties to reflect any principles of justice do not succeed in supporting their position. Here I offer a critical analysis of Broome's position. I raise and discuss objections to Broome's proposal for a WCB, and I argue that the continued relevance of these objections is contingent on how the proposal for a WCB may get developed. (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)

With the challenge of communicating climate science in the United States and making progress in international negotiations on climate change there is a need for other approaches. The moral issues of ecological degradation and climate justice need to be integrated into social consciousness, political legislation, and climate treaties. Both science and religion can contribute to this integration with differentiated language but shared purpose. Recognizing the limits of both science and religion is critical to finding a way (...) forward for addressing the critical challenges of climate change. How we value nature and human–Earth relations is crucial to this. We need a broader environmental ethics in dialogue with the science of climate change. (shrink)

A treaty to regulate the global antimicrobial commons can be appropriately framed around the model provided by multilateral environmental agreements. At the same time, it is not clear that a comprehensive treaty is the only possible entry point and other options, such as an agreement on technology transfer or funding may be apt starting points. Any legal instrument adopted to regulate the global antimicrobial commons needs to reflect the global South-North dichotomy and integrate the principle of common but (...) differentiated responsibilities and respective capabilities. Further, it would need to go beyond environmental instruments that have been structured around the sovereign interests of negotiating states even when dealing with issues of global concern, such as climate change. The proposed legal instrument would also need to be based not just on the precautionary principle as a marker of the necessity to address the negative environmental and health impacts, but also be based on the interests of patients and integrate concerns raised in terms of the human right to health. (shrink)

Although the UN and EU focus their climate policies on the prevention of a 2 8C global mean temperature rise, it has been estimated that a rise of at least 4 8C is more likely. Given the political climate of inaction, there is a need to instigate a bottom-up approach so as to build domestic support for future climate treaties, empower citizens, and motivate leaders to take action. A review is provided of the predominant top-down cap-and-trade policies (...) in place – the Kyoto Protocol and EU Emissions Trading Scheme (EU ETS) – with a focus on the grandfathering of emissions entitlements and the possibility of offsetting emissions. These policies are evaluated according to two criteria of justice and it is concluded that they fail to satisfy them. Some suggestions as to how the EU ETS can be improved so as to enable robust climate action are also offered. (shrink)

As an international instrument on climate change, the United Nations Framework Convention on Climate Change embraces a general obligation to protect the climate system, from which some specific obligations for developed countries fall off from. In this paper, I discuss three of such obligations. Firstly, the obligation to address the causes of climate change and to mitigate its adverse effects, next, the obligation to assist developing countries that are vulnerable to the adverse effects of climate (...) change in meeting the costs of adaptation to those adverse effects and finally, the obligation to support other developing countries by providing them with appropriate resources in order for them to mitigate and adapt to the adverse effects of climate change. I show that these obligations are framed in the treaty as obligations of beneficence and suggest that the first two can be expressed as obligations of justice. I argue for the soundness of expressing the obligations this way and that doing so may have the added virtue of addressing both the egoistic and performance problems since it introduces some incentive for taking the obligations seriously and the possibility for their realization. (shrink)

This Article presents an innovative institutional strategy for global climate protection, quite distinct from, but ultimately complementary to and supportive of the currently stalled UNFCCC climate treaty negotiations. The bottom-up strategy relies on a variety of smallerscale transnational cooperative arrangements, involving not only states but sub-national jurisdictions, firms, and CSOs, to undertake activities whose primary goal is not climate mitigation but which will achieve greenhouse gas reductions as an inherent byproduct. This strategy avoids the inherent problems (...) in securing an enforceable treaty to secure the global public good of climate protection by mobilizing other incentives - including economic self-interest, energy security, cleaner air, and furtherance of international development - to motivate such actors to cooperate on actions that will also benefit the climate. These bottom-up regimes will contribute to global climate action not only by achieving emissions reductions in the short-term, but also by linking the bottom-up regimes to the UNFCCC system through greenhouse gas monitoring and reporting systems. In these ways, the bottom-up strategy will help secure eventual agreement on a global climate treaty. (shrink)

This essay furthers debate about the burgeoning science of Probabilistic Event Attribution (PEA) and its relevance to imminent climate policy decisions. It critically examines Allen Thompson and Friederike Otto’s recent arguments concerning the implications of PEA studies for how the United Nations Framework Convention on Climate Change (UNFCCC) policy framework should be revised during the 2016 ‘review and decision.’ I show that their contention that PEA studies cannot usefully inform decision-making about adaptation policies and strategies is misguided and (...) argue that the current UNFCCC treaty, the “Paris Agreement,” supersedes their proposed revision. (shrink)

Future global food insecurity due to growing population as well as changing consumption demands and population growth is sometimes suggested to be met by increase in aquaculture production. This raises a range of ethical issues, seldom discussed together: fish welfare, food security, human health, climate change and environment, and public concern and legislation, which could preferably be seen as pieces in a puzzle, accepting their interdependency. A balanced decision in favour of or against aquaculture needs to take at least (...) these issues into consideration. It is further argued that in the parallel discussion on increased livestock production animal welfare is an inevitable element both in relation to current legislation in many countries but also in relation to our perception of moral, whereas awareness of fish welfare is low. Both EU legislation and labelling concerning fish is mainly limited to environmental aspects. It is argued that EU shows a split perception of fish, on the one hand acknowledging scientific evidence of fish capacities but on the other excludes fish from detailed legislation. Combining the claim of the Treaty of Lisbon to pay full regard to animal welfare and scientific evidence fish are sentient it is concluded that fish welfare need to be considered in any farming practice and any ethical consideration of increased aquaculture. This might be facilitated taking a basis in our own vulnerability and interdependence, combined with moral responsibility to show sentient beings a ‘loving kindness’—an extension of Cora Diamond’s argument regarding mammals. (shrink)

There is considerable concern that climate change will displace many people in developing countries from their homes. This article examines whether developed countries are morally obligated to assist people displaced by climate change in developing countries. The article argues that there may not be a moral duty to assist climate change migrants as a category. Nonetheless, developed countries may have duties to assist vulnerable people elsewhere and may be obligated to assist climate change migrants along with (...) other vulnerable people. In addition, there likely is a duty to assist a particular subset of climate change migrants, specifically the citizens of small island countries existentially threatened by climate change. The article concludes by assessing the implications of its moral analysis for the focus of law and policy. Instead of developing new treaties to assist climate change migrants as a number of academics and practitioners have recently proposed, law and policy should be concerned with assisting migrants at risk generally, and/or the citizens of small island countries existentially threatened by climate change. (shrink)

This book is a selection of papers from a conference which took place at the University of Keele in July 1982. The conference was an extraordinarily enjoyable one, and we would like to take this opportunity of thanking all participants for helping to make it so. The conference was intended to allow scholars working on different aspects of symbolic behaviour to compare findings, to look for common ground, and to identify differences between the various areas. We hope that it was (...) successful in these aims: the assiduous reader may judge for himself. Several themes emerged during the course of the conference. Some of these were: 1. There is a distinction to be made between those symbol systems which attempt, more or less directly, to represent a state of affairs in the world (e. g. language, drawing, map and navigational skill) and those in which the representational function is complemented, if not overshadowed, by properties of the symbol system itself, and the systematic inter-relations that symbols can have to one another (e. g. music, mathematics). The distinction is not absolute, for the nature of all symbolic skills is, in part, a function of the structure of the symbolic system employed. Nonetheless, this distinction helps us to understand some common acquisition difficulties, such as that experienced in mathematics, where mental manipulation of symbols can go awry if a child assumes too close a correspondence between mathematical symbols and the world they represent. 2. (shrink)

How should we deal with noncompliance in the context of the Paris Agreement? After having delimited the scope of noncompliance as a motivational issue, I will argue that two kinds of reasons can motivate agents to comply, moral and prudential reasons. Then, I will show that moral and prudential reasons can motivate compliance, although in different ways, as moral reasons require the institutions, whereas prudential reasons are thought to be self-sufficing. Prudential reasons come with the assumption that they have ample (...) motivational force to elicit compliance. I will contend that, for what concerns climate treaties, this assumption does not hold. To do so, I will argue that, from an interest-based perspective, reasons for agreeing on a treaty rarely conflate with the reasons that motivate agents to complying with it, so, if we want to ensure compliance, the international climate regime should establish institutions to oversee compliance when prudential reasons fails to motivate. (shrink)

T. C. Boyle’s A Friend of the Earth (2001), tells the story of Tyrone Tierwater, a one time monkeywrencher and environmental avenger for “E. F.!” (Earth Forever!) who we first meet in 2025 in his mid-seventies. Tierwater is now working for a character based on Michael Jackson, who in his semi-retirement has employed the elder eco-warrior to help save some of the last remnants of a few dying species – warthogs, peccaries, hyenas, jackals, lions and what is likely the last (...) Patagoninan fox. The not too distant environmental future painted by Boyle is a disaster. Global warming has finally caught up to us with a vengeance and even the secure shores of the U.S. are wracked by unmitigated cycles of flooding and drought seriously degrading most semblances of life as we know it. To be sure, though, people, and some versions of progress, go on. While most affordable food and drink is limited to some combination of catfish and sake (very little else having survived decades of disastrous weather and a series of crop blights), and there are constant threats of new strains of life-threatening and highly contagious diseases, suburban development continues and new humans come into existence with the promise, at least in the developed world, of longer life spans. But Boyle does not give us anything like the overly optimistic views expressed by some conservative columnists who dismiss the need for global climate treaties; this is not an environmental future that is only felt with difficulty in the underdeveloped south requiring simpler economic readjustments for Americans without a substantial shift in lifestyle. The world.. (shrink)

Global antimicrobial resistance (AMR) is currently governed by a decentralized regime complex composed of multiple institutions with overlapping and sometimes conflicting principles, norms, rules, and procedures. Such a decentralized regime complex provides certain advantages and disadvantages when compared to a centralized regime. A pandemic instrument can optimize the regime complex for AMR by leveraging the strengths of both centralization and decentralization. Existing climate treaties under the UNFCCC offer lessons for achieving this hybrid approach.

In 2001, 178 of the world's nations reached agreement on a treaty to combat global climate change brought on by anthropogenic emissions of greenhouse gases. Despite the notable omission of the United States, representatives of the participants, and many newspapers around the world, expressed elation. Margot Wallström, the environment commissioner of the European Union, went so far as to declare, “Now we can go home and look our children in the eye and be proud of what we have (...) done.”In this article, I argue for two theses. First, the rhetoric and euphoria surrounding the 2001 deal is misplaced. This is not, as is often said, because the Kyoto agreement is too demanding but rather because it is much too weak. In particular, the Kyoto agreement does little to protect future generations. On the contrary, (at best) it seems to be a prudent wait-and-see policy for the present generation, narrowly defined. Hence, even those countries who have endorsed the Kyoto agreement should be wary of looking their children in the eye, and none should relish facing their children's children.Second, the failure of the Kyoto agreement can be explained in terms of the underlying structure of the problem. Climate change involves the intersection of a complex set of intergenerational and intragenerational collective action problems. This structure, and in particular its intergenerational aspect, has not been adequately appreciated. Yet until it is, we are doomed to an ineffectual environmental policy. (shrink)

Global climate change may result in a wide array of social and environmental harms, and this prospect has given rise to an international treaty, the 1992 UN Framework Convention on Climate Change. Scientific uncertainties, nation state politics, and economic resistance had to be addressed before this landmark environmental agreement could be realized. However, questions remain about the foundations and core commitments of this agreement. Ellul's characterology of technique is applied to the task of building a critique of (...) the current international response to climate change and is allied to the proposition that ecological justice should guide the social response to climate change. It is argued that contemporary international efforts are directed at producing a “rational climate,” rather than a climate for ecological justice. (shrink)

International Law in Context is a pedagogy-forward textbook. It reflects the recent paradigm shift in legal education, which focuses more on what students actually learn rather than the material to which they are exposed. The text aims to prepare the next generation of U.S. lawyers to engage with our interconnected world and to critically evaluate the U.S.'s role within the international legal order. The work is divided into three parts that accomplish these goals. Part One lays a foundation. It covers (...) the various actors within the system, the theories that help explain their behavior, and the principles and sources of law they create. Part Two turns to the fora that define and support the international order, the historical and political contexts that impacted their design, and their efficacy. Part Three is a capstone section that asks students to weave together everything they have learned in Parts One and Two. Students will engage in normative development regarding climate change, including the existing international treaty regime and U.S. implementation options, and the law of war in the modern age. The cornerstone of this book is its organization. The text groups material into conceptual frameworks that promote understanding and retention. For example, rather than consider the various dispute resolution fora in isolation, Part Two asks students to consider them in the context of what types of disputes arise and what legal rules can be employed to resolve them in various international and domestic fora. The institutions also are presented in chronology. In this way, students are encouraged to chart the developmental progression and to make connections and comparisons between various institutions. The use of conceptual frameworks continues within each part. For example, Chapter Six covers the sovereign State as a conflict resolution forum. Under this umbrella, the author discusses (a) State Jurisdiction; (b) The Reception of International Law into the Domestic Sphere; (c) The Qualification as a State Forum or State Litigant (i.e., Recognition of States & Governments); and (d) Protections Afforded Within the Forum: Sovereign, Diplomatic, and Consular Immunity. A typical coursebook might locate this material in four different chapters. The conceptual framework approach, however, allows students to see the big picture and the relationship between concepts. In addition to the frameworks, there are several other innovative pedagogical devices that support student learning. There are Foundation Questions that initially direct readers through the material and cumulatively help students confirm whether they have grasped key takeaways from each section. There also are Assessment Sets in each section, which provide students with immediate opportunities to apply material and gauge their understanding, and "Why Is This Important (a/k/a WITI Moment)" prompts designed to delve deeper into the underpinnings and consequences of various rules. Finally, there are directed reading notes before some more complex readings and margin annotations to keep readers oriented. (shrink)

In order to decide whether a comprehensive treaty covering all greenhouse gases is the best next step after UNCED, one needs to distinguish among the four questions about the international justice of such international arrangements: (1) What is a fair allocation of the costs of preventing the global warming that is still avoidable?; (2) What is a fair allocation of the costs of coping with the social consequences of the global warming that will not in fact be avoided?; (3) (...) What background allocation of wealth would allow international bargaining (about issues like 1 and 2) to be a fair process?; and (4) What is a fair allocation of emissions of greenhouse gases (over the long-term and during the transition to the long-term allocation)? In answering each question we must specify from whom any transfers should come and to whom any transfers should go. As the grounds for the answers we usually face a choice between fault-based principles and no-fault principles. (shrink)

Pope Jorge Mario Bergoglio released the "Encyclical Laudato Si': on the care of common home" on June 18, 2015, the same day that the National Oceanic and Atmospheric Administration has shown that the temperature of Earth continues increasing and that May of 2015 was Earth's warmest month, since 1880. By endorsing the scientific knowledge in relation to anthropogenic factors on global warming and by defending actions to confront the causes of climate change and ecosystem degradation, the Holy See has (...) taken a key step to put Catholics at the forefront of global ecological struggle and to encourage the signing of the global treaty to replace the Kyoto Protocol at the 21st Conference of the Parties, that will take place in December in Paris. But the encyclical of Pope Francis proposes a larger task that is to protect the poorest of the poor countries, addressing jointly the human environment and the natural environment from the perspective of an integral ecology. The purpose of this paper is to analyze the advances and limitations of the propositions of the encyclical Laudato Si ' and to expand the dialogue on gender relations and deep ecology. (shrink)

Recent scientific studies suggest that the destabilisation of the earth's climate and biodiversity loss are not separate, but interdependent phenomena. In this context, some have proposed the creation of a ‘Global Safety Net’ of ecoregions that should be preserved to stop further biodiversity loss, preventing at the same time the growth of CO2 emissions produced by deforestation and allowing natural carbon removal. In this article, I suggest that a first step to achieve this might be to replace permanent sovereignty (...) over natural resources in these areas with permanent guardianship. I propose to take some inspiration from a model that has already been implemented over an entire continent with a fair degree of success. In 1959, the Antarctic Treaty froze the sovereign claims of seven countries over Antarctica. However, these countries plus 47 others today have been remarkably successful at jointly preserving the continent for peace, science, and the protection of the environment, especially since the signature of the Environmental Protocol in 1991. After outlining some principles that could give form to a Global Environmental Protocol for Ecoregions, I address a series of objections and offer some concluding remarks. (shrink)

The scientific evidence is reviewed for claims that a global transition to “green” fuels and technologies by global treaty obligations is needed. The likely equity implications of these efforts are discussed, and it is argued that this evidence remains shaky. Measures based on this contested knowledge cannot be defended on grounds of either environmental effectiveness or equity. Rather, they rely on commercial expectations and promises of secondary benefits usually requiring state intervention. Poorer groups and nations are unlikely to benefit (...) from proposals to redirect energy policies to “combat global warming.” The advocated decarbonization of global energy supplies is more likely to increase political instability than prevent climatic change. To support this argument, three areas of knowledge are consulted: controversies about the causation and likely impacts of global warming, advocated technical and fiscal solutions, and the interests of technical, commercial, and political elites. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Solarpunk Conference by From Imagination to ActionAriel Kroon and Kees SchullerFrom Imagination to Action, The Solarpunk Conference, June 24, 2023, VirtualThe Solarpunk Conference was born out of the desire to see an accessible space dedicated to discussions of solarpunk. With solarpunk growing in popularity in both popular and academic circles, the need for such a space seemed obvious to the organizers. The organizers also felt the need (...) to bridge academic and popular conversations in a way that was productive and opened further discussion, as the disconnect between the academic and popular spheres is often damaging to social movements. [End Page 634]This was especially important for solarpunk because of its nature as being built from below. Solarpunk is crowdsourced, having evolved over the years from social media aesthetic to literature to social movement, with few canonical critical texts. Taking into consideration the distributed democratic nature at the heart of solarpunk, the conference aimed to be accessible to the widest array of people possible: in this regard, the conference was incredibly successful. As a remote conference, the event was already more financially and practically accessible than an in-person event. Tickets were available to those across the financial spectrum, with a large percentage of our tickets being pay-what-you-can, or free to those in need; live captioning was provided on the day of, volunteers were available throughout the day to address accessibility concerns, and the ability for attendees to request live translations or other accessibility options was also provided. Further, while still retaining academic integrity and value, the majority of the presentations were legible to the largely non-expert, non-academic audience.The other key goal for the conference was to create a space for conversation and networking between otherwise disconnected members of the solarpunk community. To this end, alongside the Zoom webinars used for presentations, a Discord server was created for attendees that saw consistent engagement, networking, and project sharing, further allowing presenters to engage with attendees after their talks, enabling extended Q+A sessions that otherwise would have not been possible within schedule constraints. This hybrid model between Zoom and Discord proved incredibly effective, allowing for a wide range of interactions, and encouraging the community building and idea sharing that were key to this conference.Throughout the conference, themes of climate grief and the disaffection and despair of late-stage neoliberal capitalism returned to the fore, with speakers positioning solarpunk as a way to combat these negative affects. Mirroring these themes, most speakers emphasized the necessity of direct (solarpunk) action to escape the dystopian long-present of contemporary corpo-capitalism. Perhaps because of these same themes appearing in the movement as a whole, solarpunk is often reduced to an aesthetic of green utopia, which is an unfair stereotype given that many strands of solarpunk thought could be labeled as anti-utopian or in the vein of critical utopian theory. Solarpunk’s explicit aim to imagine sociopolitical and economic realities beyond late-stage capitalist neoliberalism requires it to divest from what Lauren Berlant calls “stupid optimism”—“the faith that adjustment to certain forms or practices [End Page 635] of living and thinking... will secure one’s happiness” (2011, 126). Solarpunk rejects classical utopian picturing of a future world that operates according to the logics of the present, which in turn have been shaped by the (often racist, sexist, and classist) logics of the past (cf. Williams 2018; Kroon 2021). It is also important to note that solarpunk does not adhere to a singular vision of the future but instead acknowledges the biodiversity of nonhuman nature and the diversity of the human experience, and so encourages multiple futures that serve the peoples and lands on which they rest.The conference began with opening remarks by one of the organizers, Lindsay Jane, followed by a land acknowledgment by Cheryle Chagnon-Greyeyes, traditional knowledge-keeper and Indigenous activist from Muskeg Lake Cree Nation in Saskatchewan, Treaty Six. Chagnon-Greyeyes welcomed participants in nehiyaw (Cree), acknowledging her location in Mohkinstsis (Calgary, Alberta) and the Indigenous nations there, and reminding attendees to think about their connection to the land that they were on. She shared a teaching... (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: What do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies, and international relations. (shrink)

Life expectancy and health differ greatly between emerging and developed countries and within countries. Global dependence on fossil fuels contributes to health inequalities through air pollution, the geopolitics of scarce resources and probable climate change arising from global warming. Substituting for fossil fuels (C), hydrogen (H2), as vector and store of energy produced from low-carbon and/or renewable sources could reduce health inequalities by improving the environment. It is unlikely that the global market would initiate such a change. Nation-states would (...) not act alone and would need to cooperate in leading it. Global recession might be the incentive that is needed to restructure a C-economy into an H2-economy. Yet, the transition would carry high costs, which would have to be borne by the developed countries in order to achieve a new treaty that included emerging countries. H2 for C is thus not only a technical fix, but also a global-ethical choice. (shrink)

Abstract:The Paris Agreement requires that States take action to avoid dangerous climate change. It is informed by the Intergovernmental Panel on Climate Change that summarizes hundreds of scientific articles, yet the language of the treaty does not mirror the scientific literature. Instead, the Agreement encourages States to join in a collective effort without assigning responsibility for past emissions. The Agreement tells a story that does not track the truth. One justification is to see it as a "noble (...) lie," and that, like in the Republic, it could be the story that States need to hear to do what must be done. (shrink)

Recent scientific studies suggest that the destabilisation of the earth's climate and biodiversity loss are not separate, but interdependent phenomena. In this context, some have proposed the creation of a ‘Global Safety Net’ of ecoregions that should be preserved to stop further biodiversity loss, preventing at the same time the growth of CO2 emissions produced by deforestation and allowing natural carbon removal. In this article, I suggest that a first step to achieve this might be to replace permanent sovereignty (...) over natural resources in these areas with permanent guardianship. I propose to take some inspiration from a model that has already been implemented over an entire continent with a fair degree of success. In 1959, the Antarctic Treaty froze the sovereign claims of seven countries over Antarctica. However, these countries plus 47 others today have been remarkably successful at jointly preserving the continent for peace, science, and the protection of the environment, especially since the signature of the Environmental Protocol in 1991. After outlining some principles that could give form to a Global Environmental Protocol for Ecoregions, I address a series of objections and offer some concluding remarks. (shrink)

Human rights law has been called upon to help with the problem of persistently high greenhouse gas emissions. An obligation on states and other legal entities to lower their emissions (mitigation) is said to be deducible from that body of law. I refute this thesis. First, I consider two practical difficulties—causality and non-triviality—that face a plaintiff who, with emission mitigation as the objective, attempts to prove a human rights violation using the regular pattern of proof for a violation. Proponents of (...) the “human rights approach” to mitigation have held that proof of an emission “contribution” by the defendant together with proof of an “impact” by climate change on the plaintiff’s human rights are sufficient to discharge the evidentiary burden for the proof of causation. The rest of the causation chain is simply presumed. Thus, the original proof pattern for a human rights violation is abandoned. The proponents’ answer to the triviality difficulty has been to aggregate emitters into very large entities and sue _them_. However, aggregation can be shown to lead to a _reductio ad absurdum_. In my argument’s second part, I identify a more fundamental difficulty with the human rights approach to mitigation: The defendant’s emissions do not amount to a norm violation. Everyone contributes emissions without legislative or other prohibition. Treaty law on climate change itself recognizes emitting behaviour as lawful and permits the continuation of state emissions through to at least 2050. A rise in global warming from preindustrial levels to 1.5° Celsius with room for an even greater rise to close to 2° Celsius has been _budgeted for_ by the Paris Agreement on Climate Change. The setting up of a budget affirms the normalized status of within-budget emissions. This universal license to emit denies the human rights approach to mitigation the very conditions of application of human rights law. (shrink)

Recent scientific studies suggest that the destabilisation of the earth's climate and biodiversity loss are not separate, but interdependent phenomena. In this context, some have proposed the creation of a ‘Global Safety Net’ of ecoregions that should be preserved to stop further biodiversity loss, preventing at the same time the growth of CO2 emissions produced by deforestation and allowing natural carbon removal. In this article, I suggest that a first step to achieve this might be to replace permanent sovereignty (...) over natural resources in these areas with permanent guardianship. I propose to take some inspiration from a model that has already been implemented over an entire continent with a fair degree of success. In 1959, the Antarctic Treaty froze the sovereign claims of seven countries over Antarctica. However, these countries plus 47 others today have been remarkably successful at jointly preserving the continent for peace, science, and the protection of the environment, especially since the signature of the Environmental Protocol in 1991. After outlining some principles that could give form to a Global Environmental Protocol for Ecoregions, I address a series of objections and offer some concluding remarks. (shrink)

Over the past seventy-five years, the UN has evolved significantly, often in response to geopolitical dynamics and new waves of thinking. In some respects, the UN has registered remarkable achievements, stimulating a wide range of multilateral treaties, promoting significant growth of human rights, and at times playing a central role in containing and preventing large-scale armed conflict. As part of the special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” this essay argues that the organization has (...) been the most impactful in three areas: producing, shaping, and driving key ideas, particularly on development and rights; generating such effective operational agencies as UNICEF and the World Food Program; and, especially in the immediate post–Cold War period, addressing major conflict risks through the Security Council. Since then, however, the UN has struggled to meet emerging challenges on many fronts and been increasingly hampered by internal ossification and institutional sprawl as well as internecine dysfunction. The twenty-first century has confronted the UN with further challenges relating most notably to climate change; to risks arising from new technologies; and to the increasingly fraught relationships between China, Russia, and the United States. If the past seventy-five years can offer one lesson, it is that new thinking and new ideas will need to drive the organization to evolve still further and faster, or else risk irrelevance. (shrink)

The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948. A burgeoning human rights movement followed, yielding many treaties and new international institutions and shaping the constitutions and laws of many states. Yet human rights continue to be contested politically and legally and there is substantial philosophical and theoretical debate over their foundations and implications. In this volume, distinguished philosophers, political scientists, international lawyers, environmentalists and anthropologists discuss some of the most difficult questions of human rights (...) theory and practice: what do human rights require of the global economy? Does it make sense to secure them by force? What do they require in jus post bello contexts of transitional justice? Is global climate change a human rights issue? Is there a human right to democracy? Does the human rights movement constitute moral progress? For students of political philosophy, human rights, peace studies and international relations. (shrink)

The Grotian Moment concept provides a lens through which to reflect on the enduring hold of state sovereignty on international environmental law. The article traces the development of the field’s customary rule framework and canvasses efforts to push its conceptual boundaries beyond the inter-state paradigm. Given their dominant role in the field, the article then provides a brief overview of treaty-based approaches to the development of international environmental law. It focuses on the global response to the climate emergency, (...) as illustrative of how international environmental law has evolved in response to the challenges posed by complex crises. The article concludes by suggesting that international environmental law is unlikely to see a Grotian Moment at the level of customary international law, but that it does hold potential for the new thinking and new approaches that could produce a ‘quasi’ Grotian Moment. (shrink)

President Barack Obama should strive to realize the ideal goals expressed in the UN Charter. Accordingly, the concept of U.S. foreign policy should be replaced by a concept of UN global policy. Relatedly, the traditional concept of national security should be replaced by a cosmopolitan concept of global state and human security. Topics discussed include the role of the Security Council, the responsibility to protect (R2P), just war principles, UN peacekeeping operations, genocide in Darfur, treaties and other sources of international (...) law, nuclear abolition, climate change, the role of diplomacy, and the common good. (shrink)

This syllabus engages dialogue about indigenous philosophical ideas and issues that frame contemporary global indigenous thought, perspective, and worldview. We explore how presuppositions of indigenous philosophy, including epistemology (how/what we know), metaphysics (what is), science (stories), and ethics (practices), affect global research programs, intellectual cultural property, economic policies, ecology, biodiversity, taxonomy, health, housing, food, employment, economic sustainability, peace negotiations, climate justice, human/treaty rights, colonial law, refugees and incarceration, self-determination, sovereignty, nation building, and digital information. Readings provide an understanding (...) of traditional and contemporary indigenous philosophical frameworks of interpretation, developments of the 1994-2004 United Nations Decade of Indigenous Peoples, the UN Permanent Forum of Indigenous Peoples, and the recent Indigenous Conference in Cancun (philosophical importance of the World Trade Organization [WTO], the World Bank [WB], the International Monetary Fund [IMF], and NAFTA). (shrink)

To address the complex challenge of global antimicrobial resistance (AMR), a pandemic treaty should include mechanisms that 1) equitably address the access gap for antimicrobials, diagnostic technologies, and alternative therapies; 2) equitably conserve antimicrobials to sustain effectiveness and access across time and space; 3) equitably finance the investment, discovery, development, and distribution of new technologies; and 4) equitably finance and establish greater upstream and midstream infection prevention measures globally. Biodiversity, climate, and nuclear governance offer lessons for addressing these (...) challenges. (shrink)

The principal aim under the U.N. Framework Convention on Climate Change (UNFCCC) has been to establish a legally-binding regime regulating emission of greenhouse gas. The hopes were tempered at Copenhagen which charted no clear path towards a treaty with binding commitments. The result, instead, was the Copenhagen Accord, a non-binding agreement that captured political consensus on a number of core issues absent its formal adoption by the Conference of the Parties. Thus, the achievement of an agreement in the (...) climate summit at Cancun seemed a herculean task. However, after two weeks of hectic UN-led parleys, the nations of the world arguably reached a forward-looking deal that leaves open an extension of the Kyoto Protocol as well as the crucial question of the level of emission limitation and reduction commitments. Cancun outcome can be perceived in twin contexts; (a) As a continuation of series of efforts since the establishment of UNFCCC to have a legally binding regime; and (b) as a resurgent hope to get on board after a failed effort at Copenhagen. The dynamics of climate change presents varied dilemmas of justice. The paper, in particular, delves upon the issue of distributive justice in reference to Cancun agreements, to intuit the viability of a new era that would lead to a climate responsible pathway. (shrink)

The current debate surrounding the implementation of the Kyoto Treaty raises several issues that ought to be of interest to social and political philosophers. Proponents and critics alike have invoked ideas of fairness in justification of their positions. The two distinct conceptions of fairness that are involved in this debate—one of fair shares, and another of fair burdens—helpfully illuminate the proper role of fairness in designing an equitable and effective global climate regime. In this paper, I critically examine (...) the idea of fairness as manifest in two contending visions of the proper international response to mounting evidence that human activity is causing climate change, and that harm from this change is likely to exacerbate existing inequalities. In addition, I recommend one idea of fairness (the fair shares conception) and the political program that it implies. (shrink)

The current debate surrounding the implementation of the Kyoto Treaty raises several issues that ought to be of interest to social and political philosophers. Proponents and critics alike have invoked ideas of fairness in justification of their positions. The two distinct conceptions of fairness that are involved in this debate—one of fair shares, and another of fair burdens—helpfully illuminate the proper role of fairness in designing an equitable and effective global climate regime. In this paper, I critically examine (...) the idea of fairness as manifest in two contending visions of the proper international response to mounting evidence that human activity is causing climate change, and that harm from this change is likely to exacerbate existing inequalities. In addition, I recommend one idea of fairness (the fair shares conception) and the political program that it implies. (shrink)

The current debate surrounding the implementation of the Kyoto Treaty raises several issues that ought to be of interest to social and political philosophers. Proponents and critics alike have invoked ideas of fairness in justification of their positions. The two distinct conceptions of fairness that are involved in this debate—one of fair shares, and another of fair burdens—helpfully illuminate the proper role of fairness in designing an equitable and effective global climate regime. In this paper, I critically examine (...) the idea of fairness as manifest in two contending visions of the proper international response to mounting evidence that human activity is causing climate change, and that harm from this change is likely to exacerbate existing inequalities. In addition, I recommend one idea of fairness (the fair shares conception) and the political program that it implies. (shrink)

The Intergovernmental Panel on Climate Change has developed a novel framework for assessing and communicating uncertainty in the findings published in their periodic assessment reports. But how should these uncertainty assessments inform decisions? We take a formal decision-making perspective to investigate how scientific input formulated in the IPCC’s novel framework might inform decisions in a principled way through a normative decision model.

Esteemed philosopher John Broome avoids the familiar ideological stances on climate change policy and examines the issue through an invigorating new lens. As he considers the moral dimensions of climate change, he reasons clearly through what universal standards of goodness and justice require of us, both as citizens and as governments. His conclusions—some as demanding as they are logical—will challenge and enlighten. Eco-conscious readers may be surprised to hear they have a duty to offset all their carbon emissions, (...) while policy makers will grapple with Broome’s analysis of what if anything is owed to future generations. From the science of greenhouse gases to the intricate logic of cap and trade, Broome reveals how the principles that underlie everyday decision making also provide simple and effective ideas for confronting climate change. Climate Matters is an essential contribution to one of the paramount issues of our time. (shrink)

Climate change has become one of the most pressing problems that can threaten the existence and development of humans around the globe. Almost all climate scientists have agreed that climate change is happening and is caused mainly by greenhouse gas emissions induced by anthropogenic activities. However, some groups still deny this fact or do not believe that climate change results from human activities. This essay discusses the causes, significance, and skeptical arguments of climate change denialism, (...) as well as the roles of scientists and science communication in addressing the issues. Through this essay, we call for the active participation of scientists in science communication activities with the public, the opening of new science communication sectors specified for climate change, and more attention to social sciences and humanities in addressing climate change issues. (shrink)