After
years of fraught negotiations, we have a climate accord. Just
getting 195 countries with different, often conflicting, interests to
agree was a miracle of sorts. The document breaks new ground by
aiming to hold the average temperature rise below 2C, to 1.5C, and
reaching carbon neutrality by the “second half of the century.”
The road map for how to get there is less clear. The INDCs (Intended
Nationally Determined Contributions – whew!) are not binding,
relying upon peer pressure at periodic reviews to curtail carbon
emissions even further than current pledges, which would take us down
to 3.5C, still well beyond the threshold of climate catastrophe. The
current pledges do not go into effect until 2020, though there will
be an opportunity for revising upward with a review process every
five years. This is not tough enough, fast enough.
In a
post this week at Common Dreams, Jeremy Brecher, a labor historian,
notes that the governments of the world accepted no accountability in
Paris, only going on record with a stronger common goal. Since they,
and to some degree the U.N. as well, are accountable to the vested
interests which put them in power, it is up to the people to stand up
and force them to be “accountable to the world's real owners,”
the people. In a more detailed piece,
“A Non-Violent Insurgency for Climate Protection,” Brecher argues that there is legal ground
for the people to rise up in multiple acts of civil disobedience to
force governments, who are trustees guarding the air, oceans and
forests, to abide by the laws that safeguard these critically
endangered commons in a “global law-enforcing climate insurgency.”
The foundation for this is called in the US the
public trust
doctrine, which is based upon
the Justinian code of 535 A.D., naming certain areas as res
communes, “common things”
that are not held by the state. Hence the beleaguered notion of the
commons. As Brecher puts it eloquently, “The governments of the
world may rule the world, but they don't run the world – that is
the common property of humanity.”
Fortunately, to defend that common property, an independent climate
protection movement has emerged, which Brecher dates to the mass
International Day of Climate Action in 2009, the most widespread
political action day in planetary history. This has grown in recent
years into the Blockadia movement, expertly
documented by Naomi Klein. Increasingly, these actions are designed as civil disobedience
aimed at enforcing fundamental legal and constitutional principles
that are being flouted by the authorities they are disobeying. By
calling these abuses into question, they are performing their legal
duty, planetary citizens mounting what legal scholar James Gray Pope
calls a “constitutional insurgency.” This insurgency aims to
transform the world order, which Brecher argues is more attainable
than challenging individual nation-states, and has in fact happened
more than once in our lifetimes. Crucially, Brecher notes that the
current world order, which protects the global corporations,
especially Big Fossils, is “illegitimate but mutable.”
As
law-enforcing or constitutional insurgents, activists are now
invoking the
necessity defence, which was unexpectedly
successful in the case of Friend Jay O'Hara, when he and Ken Ward
blocked a coal vessel at Brayton Point, Mass with his lobster boat (
see lead photo). Defendants who blocked an oil train in 2014 in Washington state
are mounting the same defense. We shall see what the court's
response is. Even if the courts don't accept their arguments, these
actions can “redefine what climate action is all about.” If
legal actions continue to fail, Brecher envisions civil society
tribunals chaired by senior retired judges and other respected
figures calling expert witnesses with publicly acknowledged
credentials. It's all about civil society moving into the black hole
of accountability which the current world order lacks. I am
convinced that civil society, in carefully strategized actions, their
trials managed by expert environmental lawyers, can affect the
misguided but mutable world order.
Since
governments serve as trustees of the commons, environmental lawyers
are working to utilize trust law to enforce the people's rights to
enjoying the benefits of these commons. It may seem far-fetched –
one environmental lawyer calls these kinds of challenges “hail Mary
passes” - but successful use of trust law could require fossil fuel
companies to pay damages for the colossal waste committed against the
public trust. Fair damages would pay most of what is required to
transition to a zero-carbon economy, and build the global Green Fund
to help poor nations adapt to climate change.
Governments
of the world need to be made accountable to the world's real owners.
Yes, Jeremy Brecher, according to the Justinian code. But nobody owns
the world, as the indigenous peoples will tell us. Ultimately, the
world is God's, and the building climate insurgency is about the
people rising up to return the Commons to Her. Or if you prefer, to
Gaia, the evolutionary miracle which brought this perfectly-placed
third rock to superabundant life. Earth stewardship in these
critical times means joining the insurgency to defend Gaia, with
whatever gifts we have.
Labels: civil disobedience, climate insurgency, commons law, constitutional insurgency, Delta Five, Jay OHara, Jeremy Brecher, Justinian Code, Naomi Klein, necessity defense, Paris COP 21
As the talks in
Paris entered their second, crucial week, unresolved issues that have
been hanging for years of negotiations remain the sticking points.
They center around climate justice, or the obligations of the rich,
developed nations to the poor, developing ones. In a rather shocking
“non-paper” sent to fellow rich countries before COP 21, the US
urged its peers to hold firm against the demands of poor countries,
for the main issue remained getting CO2 emissions down, not
administering justice, which our government correctly saw as an
ongoing (eternal) process, not something that could be resolved by
one treaty.
It is a sad, harsh
reality that certain nations face earlier climate ruin than others.
The Pacific island nations, much of Africa, and Bangla Desh come
immediately to mind, as do the South Indians who are being flooded as
I write. An international Green Climate Fund has been created, with
a goal of $100 billion for helping weaker countries adapt to climate
change. As nations entered the Paris talks, this fund was less than
3% funded, though many are encouraged that some private capitalists,
notably Bill Gates and Mark Zuckerberg, have committed to the process
in a big way in Paris. Current U.S. commitments are paltry, dwarfed
by our governments continuing huge subsidies to gas and oil
interests.
I agree that firm
commitments from the wealthier nations to make this fund a robust
instrument of both adaptation and mitigation – as in the accord
between France and India to invest $3 billion to supercharge solar
energy in India – are absolutely required as part of a document
that most of the world's nations could sign. And it is a major
gesture, a huge shift since Copenhagen, that China has committed to
contributing to this fund.
A key element in the
climate justice demands of the G77 block in Paris is the historical
carbon debt of the First World. It is true that the Western powers,
primarily the UK and the US, have contributed most of the historical
CO2 emissions. This historical carbon, as James Hansen recently
pointed out, continues to represent the huge bulk of the extra CO2
burdening the carbon cycle. It persists for a long time, most of it
a mere 500 years, but a quarter of it lasts essentially forever. See
the sobering article in
Nature.
The persistence of
fossil CO2 in the atmosphere means that we must not only ramp down
our emissions as fast as possible, but also find ways to pull it back
out of the atmosphere (my post on fixing CO2 in soil last month outlines
one pathway). So, yes, our industrial error has proved to be a
mammoth one. But at the time of the industrial revolution in
England, and later with the rapid industrialization of the US, we
simply did not know what we were doing. The consensus was that the
inventors were improving the lot of mankind. We now need to leave
the platform which fossil fuels built, but we also need to recognize
the many aspects of the modern world which were created by, and
continue to be fueled by, oil in particular. This is part of the
legacy of those who industrialized first to the rest of the world,
even as we acknowledge the brave new world of new sources of energy,
and new materials (see the current Economist for a fascinating look
at the
emerging materials universe), one which needs to replace
the fossil platform as fast as possible.
In a recent
wide-ranging historical overview of climate science,
US science advisor John Holdren argued that scientists reporting to the
President reached consensus by 1990 that the CO2 burden added by
burning fossil fuels was greater than the opposing effect of
industrial aerosol pollution (these aerosols, primarily sulfates,
ironically hinder the warming effect of greenhouse gases by damping
the amount of incoming solar radiation through re-reflection).
If
political leaders had accepted that scientific
consensus, then any fossil-sourced emissions from that point on could
be charged as culpable, witting ecological sin. That would of
course include most of the cumulative emissions from China and India,
as well as the continuing emissions from countries who
industrialized first. The fact that the Republican Party continues to
deny that climate change is human-driven is probably the greatest
moral error in history, given this consensus. Even worse, Exxon
scientists had reached the conclusion that fossil carbon would prove
catastrophic
before 1990.
But given that
concerns about fossil greenhouse gases did not lead to any conclusive
research until so late in the history of industrialization, I do not
think that the US and the UK (plus Russia, Germany, and Japan) owe
“reparations” for the historical carbon they dumped into Gaia's
system. However, given the clear judgment in hindsight of the
dominant role of the Anglo Atlantic partnership in the process of
industrialization fueled by fossil carbon, India's argument that they
and other developing nations like Indonesia should be alloted the
lion's share of the remaining fossil carbon production is a
convincing one – much as I would like to see all fossil carbon
burning cease in the critically immediate future. China, which has
developed faster than India, used to make the same argument, but air
quality there, not to mention recognition at the highest levels of
state of the imperative to limit global CO2 emissions, has shifted
their tone (China has arguably the strongest renewable program in the
world, despite the fact that it continues to use a lot of coal,
though at a significantly decreasing rate).
What does make
sense, which the wealthy nations continue to resist, is to fully fund
the Green Climate Fund, with no more dithering. Yes, mitigation, as
well as adaptation at this initial level of climate disruption is
expensive, but far, far less than what would be required with
disastrous BAU. The
Stern Review remains the primary source
clearly documenting this. At the halfway point in negotiations, it
looks as if the wealthy nations will acknowledge some historical
responsibility, but only if the issue is never brought up again. That
feels like they are ramming through their will once again, and such a
demand is unfair, if one looks at it in terms of value statements
about justice and responsibility.
Nevertheless, I
think the international community needs to put the idea of
“reparations” behind it. The West correctly sees that setting any
kind of precedent for that opens the door to being given a bill for
any future disasters in the Third World, no matter what their cause.
Though I have enormous sympathy for those who are on the frontlines
of climate disruption, it is too much to expect a blank check
accepting blanket responsibilities from the heirs of some innovative
tinkerers in the coal country of England 300 years ago.
As for justice,
Exxon should be heavily prosecuted for their willful climate change
denial, the lynchpin in a strategy previously set by the tobacco
industry, which also cynically denied their own internal research.
Except that it is not just individual smokers killing themselves in
the instance of strategically motivated climate denial, but ecocide.
Reparations to extinct species are impossible.
Labels: bill Gates, climate justice, Exxon's denial and prosecution, G77, Green climate fund, historical carbon debt, James Hansen, john Holdren, Paris COP 21