CLIMATE JUSTICE Climate Justice Vulnerability and Protection HENRY SHUE 1 3 GreatClarendonStreet,Oxford,OX26DP, UnitedKingdom OxfordUniversityPressisadepartmentoftheUniversityofOxford. ItfurtherstheUniversity’sobjectiveofexcellenceinresearch,scholarship, andeducationbypublishingworldwide.Oxfordisaregisteredtrademarkof OxfordUniversityPressintheUKandincertainothercountries #HenryShue2014 Themoralrightsoftheauthorhavebeenasserted FirstEditionpublishedin2014 Impression:1 Allrightsreserved.Nopartofthispublicationmaybereproduced,storedin aretrievalsystem,ortransmitted,inanyformorbyanymeans,withoutthe priorpermissioninwritingofOxfordUniversityPress,orasexpresslypermitted bylaw,bylicenceorundertermsagreedwiththeappropriatereprographics rightsorganization.Enquiriesconcerningreproductionoutsidethescopeofthe aboveshouldbesenttotheRightsDepartment,OxfordUniversityPress,atthe addressabove Youmustnotcirculatethisworkinanyotherform andyoumustimposethissameconditiononanyacquirer PublishedintheUnitedStatesofAmericabyOxfordUniversityPress 198MadisonAvenue,NewYork,NY10016,UnitedStatesofAmerica BritishLibraryCataloguinginPublicationData Dataavailable LibraryofCongressControlNumber:2013956550 ISBN 978–0–19–871370–8 Asprintedandboundby CPIGroup(UK)Ltd,Croydon,CR04YY For the women who made my life: Catherine Harper Shue who could not stay 1911–40 Violet East Harper who did all of it all over again 1891–1971 Sallie Morris Shue who cheerfully guided eight ‘boys’ 1876–1967 Vivienne Bland Shue who, once found, has been there always Preface At the conclusion of the events portrayed in “Grand Hotel”, one elegant denizen of the hotel lobby offers the marvellously unperceptive and obtuse summation,“Peoplecome,peoplego,nothingeverhappens”!Onehopesthat something occasionallyhappens,especiallyregardingourheadlong rushinto humanly unprecedented climate change. But it is definitely true that people come,peoplego.Twoofthepeopleinadvertentlymostcausallyresponsiblefor whatfollowshere,thoughconsiderablyyoungerthanI,havesadlygone.First, Cornell agricultural economist Duane Chapman kept insisting, at around 1990, that since I claimed to know something about ethics, I must be able to provide some clues about what we ought to do about climate change. After vainlytryingrepeatedlytoinsistthatwhateverImightknowaboutethics,Idid notactuallyknowanythingaboutclimatechange,Duane’slovablecantanker- ousness, combined with patient explanations by his Ph.D. students and the moregentleurgingsofageconomistTimMount,finallypersuadedmetotry, with their help, to figure out what was happening. Secondly, meanwhile in EnglandthefaryoungerstillJohnVincent,whotragicallywastornawayeven before the day of my lecture, urged Andy Hurrell to invite me to Oxford to givewhatturnedouttobemyfirstlectureonnormativeissuesaboutclimate and became the first paper here, “The Unavoidability of Justice”. For me climate had become the unavoidable issue, as it ought to be, but still is not, forthewholeworldtoday.DecadeslaterAndywasinstrumentalinmymove toOxfordandcontinuestobesupportiveandappreciative. AsIscatteredpapersonquestionsaboutclimatechangearoundtheworld, including some somewhat out of the way places, in my efforts to encourage manydifferentkindsofpeopletofocusontheproblem,bothChuckBeitzand BobGoodinurgedmetobringthepaperstogetherinsomeplaceinwhichthey would all be accessible to all sorts. But in the early years of this century, as Washington continued to refuse to pick up the ball on climate, I turned my attentionbacktotortureandwar,topicsonwhichIhadworkedpriortotaking on climate change and which Washington seemed distinctly interested in.1 AfterIarrivedatMertonCollege,Oxford,in2002Ifoundmyselfexplainingto peoplethatIsometimesworkedontortureandwarandsometimesworkedon climatechange.WhenevertheWardenofMerton,DameJessicaRawson,heard me say this, she would respond, “how can you work on anything other than 1 MypapersonthosesubjectswillfollowinasecondvolumefromOxfordUniversityPress. Preface vii climate?!” Gradually, as the global situation became increasingly urgent and Washington continued to obsess over terrorism and engage in denial over climate, I concluded that there really was no alternative to trying harder on climate.Meanwhile,IhadbeenjoinedatOxfordbySimonCaneywhoseown outstanding work on climate change became a focus of fresh activity and whose strong encouragement further inspired my efforts. Simon added his own question: “since you have written on human rights and written on climate, why haven’t you written on human rights and climate together?”, a suggestion to which I have recently been trying to respond. David Frame, while at Oxford, first introduced me to the trillionth ton and cumulative carbon budgets. SomeofmyearliestworkonclimatechangeatCornellwassupportedbythe Rockefeller Foundation’s Arts and Sciences Division, directed by Alberta Arthurs. And my research was then assisted by the passionate activist Gay Nicholson, who went on to lead the Finger Lakes Land Trust and found Sustainable Tompkins. SteveGardiner has repeatedlyinvited me to speak on these issues at the University of Washington in Seattle and long been a valuable interlocutor. Dale Jamieson and Darrel Moellendorf too have long beencomrades in whatused to be theratherlonely endeavour ofconvincing people that climate change raises deep ethical issues. Dominic Byatt at the Presshasbeensupportive,patient,andtolerant. Mostrecently,MaryRobinsonhasdonemethehonourofincludingmein the High Level Advisory Committee for the Climate Justice Dialogue, an initiative of the Mary Robinson Foundation—Climate Justice and the World Resources Institute. That wonderfully diverse international committee’s “DeclarationonClimateJustice”isincludedhereasanappendix. Vivienne Shue has listened to more harangues about climate change than anyonepersoncouldbeexpectedtoendure,butneverwaveredinhersupport. Both the first person who wanted me to develop a view of climate change andthefirstpersonwhothoughtanyviewIhadmightbeworthhearinghave passedon.Sotoo,asIhaveindicatedinthededication,havemostofthemost importantpeoplewhoshapedme,asdistinguishedfrommylaterphilosoph- ical positions. Meanwhilethe government of my country has allowed oppor- tunity after opportunity to take decisive action on climate change to pass by unseized. As one thinks about the climate, one cannot help but develop a longer-range sense of time and causation. The effects of some of our choices lastfarbeyondourownlives.Allthepositiveactionsregardingtheclimatenot taken by Washington twentyyears ago have made action bothmore difficult and more urgent now for everyone. Some of the carbon dioxide we emit tomorrow will still be affecting sea-levels long after 2100. The energy regime we leave in power will dominate the lives and economies of generations to come because such entrenched institutions cannot be changed quickly. viii Preface Whatwechoosetodoandnottodonowregardingtheclimatethatmakesit possibleforustoliveandtheenergyregimethatisunderminingthatclimateis wellworththinkingabout,foritseffectswillplayoutacrosstheglobeandover the centuries. I hope these essays promote hard thought and then decisive action,takenwithalongview. HenryShue,MertonCollege Table of Contents Citations x ShorthandNamesofChapters xii Introduction 1 1. Theunavoidabilityofjustice 27 2. Subsistenceemissionsandluxuryemissions 47 3. Afteryou:mayactionbytherichbecontingentupon actionbythepoor? 68 4. Avoidablenecessity:globalwarming,internationalfairness, andalternativeenergy 89 5. Equityinaninternationalagreementonclimatechange 109 6. Environmentalchangeandthevarietiesofjustice 123 7. Erodingsovereignty:theadvanceofprinciple 142 8. Bequeathinghazards:securityrightsandpropertyrights offuturehumans 162 9. Globalenvironmentandinternationalinequality 180 10. Climate 195 11. Alegacyofdanger:theKyotoProtocolandfuturegenerations 208 12. Responsibilitytofuturegenerationsandthetechnological transition 225 13. Makingexceptions 244 14. Deadlydelays,savingopportunities:creatingamore dangerousworld? 263 15. Facereality?Afteryou!Acallforleadershiponclimatechange 287 16. Humanrights,climatechange,andthetrillionthton 297 17. Climatehope:implementingtheexitstrategy 319 Appendix:Declarationonclimatejustice 340 Index 343
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