Theories of Justice: application within the International Climate Regime

1. Theories of Justice: application within the International Climate Regime Dr Rowena Maguire and Bridget Lewis

2. Climate Change as a Justice Issue • Inequality in respect of climate change arises: • communities most vulnerable to the associated impacts are least responsible for current levels of greenhouse gas emissions (GHG) in the atmosphere. • Developed countries • Main contributors to current GHG. • Main beneficiaries of the profits generated by GHG emissions. • Developing countries • Future limitations on GHG emission will interfere with their right to development. Economic development increases a society’s resilience to climate change.

3. Adverse Impacts of Climate Change for Developing Countries • Geographical vulnerability of many developing states: small island states; countries with arid/semi arid areas; forest areas; areas prone to natural disaster, areas prone to drought/desertification: Article 4 (8) UNFCCC. • Food Security and Production: 40% of populations in Asia and Pacific employed in agriculture, 65% of African populations dependent upon agriculture for livelihoods.

4. Adverse Impacts… • Strong relationship between rural/indigenous communities and connection with land: change of customary practices/traditions as result of climatic change. • Population displacement: • Small Island States: sea level rise leading to regional or internal displacement • Africa: desertification/drought leading to regional or internal displacement • Asia (Bangladesh, India, China): flooding, sea level rise leading to regional or internal displacement.

5. THEORIES OF JUSTICE

6. Defining Remedial Justice • Provide a remedy when a wrong has been suffered. • Strength of theory is ability to provide compensation/other appropriate remedy. • Weakness of theory as it is reactionary (c/f with preventative) in nature.

7. Applying Remedial Justice UNFCCC (International Level) CSG (National Level) • Green Climate Fund / Loss & Damage Mechanism • Money available to assist developing nations in mitigating/adapting to climate change. • Finance is limited so board of Fund have been given juridical personality. • Need a legal right to be infringed or process not followed in order for the matter to go before a court.

8. Defining Energy Justice • Recognises the inequality that exists in: • Accessing energy resources; • Associated health and environmental implications associated with the resource used. Aims of Theory • Access to energy is more equitably available. • Ensuring that health risks are phased out and replaced with sources that are reliable and sustainable.

9. Examples of Energy Justice Access Issues Health/Environmental Issues Developed Countries • Rural communities off grid and placement of hazardous equipment. Developing Country • Time spent collecting biomass materials detracts from other pursuits: education and livelihood pursuits. Developed Countries • CSG – impacts on agricultural land Developing Countries: • Indoor pollution is responsible for 1.6 million deaths per year, which is one life lost every 20 seconds.

10. Defining Social Justice • Rechtschaffen: “the same underling racial, political and economic factors that cause disproportionate environmental harms are also responsible for poor housing, poor quality schools, lack of employment opportunities and other problems in many communities” • Theory requires considerations beyond pure environmental or climate considerations. • Requires consideration of the factors underlying poverty and inequality.

11. Applying Social Justice International Level (TWAIL) • Post colonial economic policies perpetuate continued economic subordination of the South. • Fundamental shift is required to alter the North’s obligations beyond current comfort levels. Application within UNFCCC • Holistic assessment of relevant social, economic, political and environmental factors is required for Adaptation planning and funding.

12. Environmental Justice and Climate Change Distributive justice and Climate Change • Distribution of liability for mitigating climate change. • Distribution of adverse effects of climate change. Procedural justice and Climate Change • Opportunity for those feeling impacts of environmental change to be consulted and their opinions represented within policy responses and measures.

13. UNFCCC ApplicationEnvironmental Justice Mitigation Obligations • Emission reduction commitments • International Environmental Principle: ‘Common but differentiated responsibility’ (CBDR) used as the basis for mitigation commitments. • Many possible different interpretations of CBDR • Developed countries: highlight importance of the word ‘common’ – to mean that all parties must take action. • Developing countries: per capita and historical contributions must be taken into account.

14. International Climate Justice Movement • While evidence that ‘justice theories’ have influenced UNFCCC policy, language of justice not included in policies. • Lack of formal recognition of justice implications of climate change within UNFCCC has led to development of international climate justice movement. • Movement uses a combination of the theories of justice. • Bali Principles of Climate Justice: 27 Principles recognising climate injustice. Innovative ideas on the types rights/responsibilities required.

15. Conclusions • It is useful to examine “injustice” through a variety of lens. • No one justice theory has the ability to respond to the multifaceted justice issues arising as a result of climate change. • Ongoing Justice Issues in UNFCCC • Mitigation: meaning of common but differentiated responsibility. • Adaptation: who is going to pay for the costs of adaptation.

16. Thank you for your attention Full Copy of Article available: • Rowena Maguire and Bridget Lewis, ‘The Influence of Justice Theories on International Climate Policies and Measures’ 8(1) Macquarie Journal of International and Comparative Environmental Law, 2012, 16. Publications on: • International Regulation of Climate Displacement • International Environmental Principles and Justice • REDD and Justice • Brazil, South Africa, China and India and UNFCCC