Cover

Half-title

Title page

Copyright information

Table of contents

List of Contributors

Introduction: On the Significance of Historical Emissions for Climate Ethics

The Normative Significance of Past Emissions

The Relevance of Ignorance about the Harmful Effects of Emissions

Responding to Climate Change Effectively and Ethically Defensibly

References

1 Climate Ethics, Affirmative Action, and Unjust Enrichment

Inter- and Intra-Generational Climate Justice

Historically Sensitive vs. A-Historical Approaches

Affirmative Action

Unjust Enrichment

Some Difficulties

Conclusion

References

2 Historical Responsibility and Climate Change

Responsibility and Culpability

Responsibility for Reparation

What Is Owed?

References

3 Historical Emissions: Does Ignorance Matter?

References

4 How Legal Systems Deal with Issues of Responsibility for Past Harmful Behavior

I Introduction

II Liability for Environmental Harm in International Law

III Liability for Hazardous Waste and Other Environmental Harms

A Liability under the U.S. Superfund Law

1 Introduction to CERCLA

2 Scope of Liability

3 Strict Liability and Retroactivity

B Liability for Environmental Harm in the European Union

1 Introduction to the EU Directive

2 Liability Limitations

IV Products Liability

A The Default Requirement of Fault

B Products Liability in the United States

1 Scope of Liability

2 The State-of-the-Art Defense

C Products Liability in the European Union

1 Scope of Liability under the 1985 Directive

2 Foreseeability of Harm

V Implications for Climate Change Responsibility

References

5 Asking Beneficiaries to Pay for Past Pollution

I Three ‘‘Pure’’ Versions of the BPP

II Benefits and Providing Aid

III Benefits and Compensation

IV Are Past Polluters and Current Beneficiaries Ever Really Distinct?

V Conclusion

References

6 Benefiting from Unjust Acts and Benefiting from Injustice: Historical Emissions and the Beneficiary Pays Principle

I Introduction

II The PPP and Historical Emissions

III The BPP and Historical Emissions

IV Conclusion

References

7 A Luck-Based Moral Defense of Grandfathering

I Grandfathering

II Bovens’ Lockean Approach

III A Critique of Bovens’ Approach

IV The Importance of Luck

V Brute Bad Luck Meets Western Lifestyles

V.1 Changing an Economy

V.2 Changing Habits

VI Conclusion

References

8 In Defense of Emissions Egalitarianism?

I Introduction

II The Argument for Emissions Egalitarianism

III Procedural and Conceptual Clarifications

IV Holism vs. Atomism

IV.1 A First Challenge - EE Ignores Important Aspects of Mitigation

IV.2 A Second Challenge - EE Ignores Other Climate-Related Burdens

IV.3 Vanderheiden’s Arguments for a Separate Treatment of Mitigation

IV.4 A Rights-Based Argument for Treating Mitigation Separately?

V Integration vs. Isolation

V.1 A Libertarian Argument in Defense of Emissions Egalitarianism?

V.2 An Additional Argument in Favor of Integration: Financing Adaptation

V.3 Intermediate Conclusion

VI The Virtue of Simplicity: A Practical Argument in Favor of EE?

VI.1 Caney’s Five-Step Procedure

VI.2 Comparing Emissions Egalitarianism with the Five-Step Procedure

Justice

Institutional Feasibility

Political Feasibility

Summary

VII Conclusion

Acknowledgements

References

9 In the Name of Political Possibility: A New Proposal for Thinking About the Role and Relevance of Historical Greenhouse Gas Emissions

Introduction

I Accounting for Historical Responsibility: Tension between the Ideal and the Real

II Political Feasibility

III Historical Responsibility: A Proposal

1990 Onward: A Case for Moral Responsibility

Can Historical Trends Be Justified?

IV Moral Desirability and Securing a More Just Future

V Balancing Political Feasibility and Moral Desirability

Conclusion

References

10 Right to Development and Historical Emissions: A Perspective from the Particularly Vulnerable Countries

Introduction

Policy Proposals and Principles of Ethics Regarding Distribution of Emission Rights, or Responsibility for Emissions Reduction

PVCs Are Trapped in a Triple Bind of Increasing Climate Change Impacts, Unsupportive Global Mitigation Measures, and Lack of Adaptation Finance

Climate Change, Security, and Development Rights

A Differential Application of the PPP between Developing and Industrial Countries

No-Harm Rule and State Responsibility

Conclusion

References

Index