Justice in Adaptation to Climate Change A Framework of Analysis and Justice in International Environmental Law on Adaptation

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Justice in Adaptation to Climate ChangeA
Framework of Analysis and Justice in
International Environmental Law on Adaptation

• Jouni Paavola
• W. Neil Adger

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Fields of Justice

• Distributive Justice
• How equitable are outcomes who wins and who
  loses
• Includes issues of equity and fairness
• Approaches can focus on one overarching
  consequence (welfare) or principle (equality) or
  acknowledge multiple ones
• Procedural Justice
• Justice in the processes and institutions that
  make decisions
• Includes issues of participation and legitimacy
• Approaches can focus on one overarching
  consequence (welfare) or principle (equality) or
  acknowledge multiple ones

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Adaptation to Floods Examples
Response Proactive Reactive Inaction
International NAPA guidelines Disaster relief, ODA
National Flood protection investments Reconstruction of infrastructure
Collective action Adaptation actions by communities Community response
Individual Diversification of livelihoods, insurance Displacement migration and evacuation
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Justice in the Context of Adaptation
Field of Justice Dilemmas of Justice
Distributive Distribution of the burden of making funds available for assisting adaptation Distribution of assistance for adaptation Distribution of costs and benefits of adaptive responses
Procedural Whose interests considered and how Who can participate in and how How much influence parties have and on what basis
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Justice and Assistance for Adaptation
Justice Examples of criteria Notes
Distributive Utilitarian Welfare maximisation, maximax (most able to adapt), maximin (most vulnerable) Other consequentialist security and the absence of climate danger Deontological existence right of non-human species What is and who defines adaptive capacity Vulnerability Danger Rights
Procedural Utilitarian rules that give effect to preferences and ability and willingness to pay Other consequentialist self-determination affected parties only Deontological rules Equality Why not willingness to accept compensation? Who is a stakeholder? Why not recognise the intensity of interests?
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Justice in Local Adaptation
Justice Manifestations
Distributive Adaptation strategies often reduce the vulnerability of the wealthy and vested interests at the expense of the marginalised (not adhering to maximin principle). Reactive responses in particular reinforce inequality. Danger is not evenly distributed.
Procedural Adaptation strategies skewed to protecting the well-off are usually based on skewed decision-making. (Marginalised groups are made more vulnerable because they are excluded from decision-making).
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Justice in International Law on Adaptation
Justice Manifestations
Distributive (traditional) Duty to assist developing countries to participate in UNFCCC and the most vulnerable countries to adapt to climate change (Articles 3.2 and 4.8-9). Special climate change fund, adaptation fund, least developed countries fund, and the CDM levy (Marrakech). - Leaves the level and distribution of support unclear
Procedural (emerging) Least developed countries expert group and NAPA guidelines requiring broad public consultation in NAPA process. - only voice granted not participation
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Ways Forward

• Justice in mitigation is mirrored in justice in
  adaptation
• Need to examine justice (both distributive and
  procedural) implications of strategies
• 1 of the UNFCCC rules
• 2 of the NAPAs
• 3 of local plans and adaptation actions
• Avoiding debate in this area does not avoid
  (un)just outcomes and procedures

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Justice in Adaptation to Climate ChangeA
Framework of Analysis and Justice in
International Environmental Law on
AdaptationDownload at www.tyndall.ac.uk/publicat
ions/working_papers

• Jouni Paavola
• W. Neil Adger