Whose Climate, which Ethics? On the Foundations of Climate Change Law

Abstract

In this article, it is argued that a critical analysis of three different discourses about the ethical meaning of climate change can contribute to more clarity about the foundations of climate change law. The ethical discourse mostly used is that of justice, in which issues of distribution, retribution and ad- ministrative fairness are emphasised to draw attention to various kinds of injustices suffered by the victims of climate change. A justice approach also emphasises the duty of behavioural change and providing compensation resting on those causing climate change. In an effort to overcome the diffi- culties of a language of justice, a discourse of human rights can be used in which climate change is depicted as a major threat to the human right to life, the human right to health, and the human right to subsistence. In this lan- guage, the focus falls on climate change as an assault on the autonomy of persons and human dignity, and what could be done about climate change to avoid such threats. The discourse of human security entails a novel ap- proach to climate change ethics derived from development ethics. In the language of human security, interconnectivity, contextual embeddedness, communication, concrete experience, creative thinking and transformative narratives are emphasized to determine on a case-by-case basis what it means to be human, how climate change threatens that humanity, and which con- crete measures should be put in place in a particular society to guarantee minimum conditions under which that humanity can be safeguarded.