Developing justice within the international climate change framework

Dr. Angela WilliamsUniversity of Sussex

Vulnerability created and/or enhanced by climate change: Rising sea levels Glacial flooding Food security and availability of safe water

supplies Extreme weather

Source: kango.org.ki

33 island atolls between Australia and Hawaii Population c.100,000 Possibly uninhabitable within 50 years

“We may be beyond redemption ... we may be at the point of no return, where the emissions in the atmosphere will carry on contributing to climate change, to produce a sea level change so in time our small, low-lying islands will be submerged.”

President Anote Tong (June 2008)

Two-thirds country located in Sahara Desert

Majority of population located in rural areas

Development aid projects (e.g. dam construction)

Displacement paths developing Mali Mauritania Europe (Spain)

Broadly, justice equated to fairness Justice based on social and moral values

and thus, very subjective

Distinguish: Remedial or Corrective Justice Distributive or Social Justice

Source: celsais.com

Kivalina is claiming monetary damages for: Contribution to global warming by emission of

GHGs Civil conspiracy and concert of action for

suppressing link between GHG emissions and global warming

ExxonMobil et al have sought to have claim dismissed

Role of litigation in seeking justice

Polluter Pays principle

Remedial Justice within the current climate change framework?

Intergenerational Equity Balancing interests of current and future

generations

Intra-generational Equity Minimising the North-South divide and

rectifying current imbalances

Article 3(1) UNFCCC“…Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change…”

Article 4(3) UNFCCC“The developed country Parties … shall provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in complying with their obligations…”

Article 4(3) UNFCCC“The developed country parties … shall also provide such financial resources, including for the transfer of technology, needed by the developing country Parties…”

Multi-layer approach:

1. Legal framework incorporates fair distribution of benefits and burdens

2. Remedial justice mechanisms available where systems / infrastructure (above) ineffective

Use of ‘common but differentiated responsibilities’ principle

Technology sharing Adaptation Fund Current negotiating climate