Quinney Lecture: The Case for Climate Compensation: Justice for Climate Change Victims in a Complex World

Farber, Daniel A.

Journal: Utah Law Review

Volume: 2008

Year: 2008

Bluebook Citation: 2008 UTAH L. REV. (2008)

Author: Daniel A. Farber: all 158 publications


Abstract

The United States, the wealthiest country in the world, contributes far more than its share of greenhouse gases. It is now clear that these emissions have caused serious risks to the world as a whole, particularly the poorest nations. This raises two questions. First, does the United States have a moral duty to impose reasonable curqs on its future emissions?

Second, does the United States have a moral duty to make amends for its past excesses-for example, by providing financial assistance to poorer nations that are now faced with the need to adapt to climate change? It seems obvious to many people that the answer to both questions is yes. But these are important issues, deserving of more careful consideration. And indeed, two of "the nation's leading legal scholars, Eric Posner and Cass Sunstein, have recently questioned whether corrective justice or distributive justice have any relevance to climate change policy.

Their writing provides a useful occasion for further reflection on these issues. Their arguments were developed most fully in a working paper which is still posted online. The published version of the paper restates the same basic conclusions with more abbreviated support.

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