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.
This article suggests that three widely shared commonsense principles of fairness or equity converge upon the same general answer to the question of how the costs of dealing with a global environmental challenge like climate change could be distributed internationally. The first of these principles is that when a party has in the past taken an unfair advantage of others by imposing costs upon them without their consent, those who have been unilaterally put at a disadvantage are entitled to demand that in the future the offending party shoulder burdens that are unequal at least to the extent of the unfair advantage previously taken, in order to restore equality. The second is that, among a number of parties, all of whom are bound to contribute to some common endeavour, the parties who have the most resources normally should contribute the most to the endeavour. The third commonsense principle is that, when a) some people have less than enough for a decent human life, b) other people have more than enough, and c) the total resources available are so great that everyone could have at least enough without preventing some people from still retaining considerably more than others have, it is unfair not to guarantee everyone at least an adequate minimum.
No abstract
The United Nations Framework Convention on Climate Change adopted in Rio de Janeiro at the United Nations Conference on Environment and Development (UNCED) in June 1992 establishes no dates and no dollars. No dates are specified by which emissions are to be reduced by the wealthy states, and no dollars are specified with which the wealthy states will assist the poor states to avoid an environmentally dirty development like our own. The convention is toothless because throughout the negotiations in the Intergovernmental Negotiating Committee during 1991 to 1992, the United States played the role of dentist: whenever virtually all the other states in the world (with the notable exceptions of Saudi Arabia and Kuwait) agreed to convention language with teeth, the United States insisted that the teeth be pulled out. The Clinton administration now faces a strategic question: should the next step aim at a comprehensive treaty covering all greenhouse gases (GHGs) or at a narrower protocol covering only one, or a few, gases, for example, only fossil-fuel carbon dioxide (CO2)? Richard Stewart and Jonathan Wiener (1992) have argued for moving directly to a comprehensive treaty, while Thomas Drennen (1993) has argued for a more focused beginning. I will suggest that Drennen is essentially correct that we should not try to go straight to a comprehensive treaty, at least not of the kind advocated by Stewart and Wiener. First I would like to develop a framework into which to set issues of equity or justice of the kind introduced by Drennen. It would be easier if we faced only one question about justice, but several questions are not only unavoidable individually but are entangled with one another. In addition, each question can be given not simply alternative answers but answers of different kinds. In spite of this multiplicity of possible answers to the multiplicity of inevitable and interconnected questions, I think we can lay out the issues fairly clearly and establish that commonsense principles converge to a remarkable extent upon what ought to be done, at least for the next decade or so.
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