The adequacy of the law in achieving climate change justice – some preliminary comments

Abstract

The adequacy of current international and national laws regulating the causes and consequences of climate change can be evaluated by examining the extent to which they achieve climate change justice. Climate change justice includes at least three concepts: distributive justice, procedural justice and justice as recognition. The article outlines these justice concepts and illustrates their application by examining mitigation of and adaptation to climate change through the lens of distributive justice.

Notes

1 For an explanation of these three concepts of environmental justice, see Brian J Preston, ‘The Effectiveness of the Law in Providing Access to Environmental Justice: An Introduction’ in Paul Martin and others (eds), The Search for Environmental Justice (Edward Elgar 2015) 23. See also Brian J Preston, ‘The Effectiveness of the Law in Providing Access to Environmental Justice’ (Speech delivered at 11th IUCN Academy of Environmental Law Colloquium, Hamilton, New Zealand, 28 June 2013) www.lec.justice.nsw.gov.au/Documents/preston,%20brian%20-%20plenary%20paper%20environmental%20justice.pdf, last accessed 21 December 2015.

2 Preston, ‘The Effectiveness of the Law in Providing Access to Environmental Justice: An Introduction’, (n 1) 29.

3 Ibid, 29–30.

4 Ibid, 30.

5 Martha Nussbaum and Amartya Sen (eds), The Quality of Life (Clarendon Press 1993); Martha Nussbaum, Frontiers of Justice: Disability, Nationality, Species Membership (Harvard University Press 2006); Amartya Sen, The Idea of Justice (Allen & Lane 2009); Amartya Sen, ‘Human Rights and Capabilities’ (2005) 6 J Hum Dev 151, 154; Amartya Sen, Development as Freedom (OUP 1999) 10.

6 David Schlosberg, Defining Environmental Justice: Theories, Movements and Nature (OUP 2007) 14.

7 Ibid, 16.

8 Gordon Walker, Environmental Justice: Concepts, Evidence and Politics (Routledge 2012) 200–03.

9 Ibid, 204–05.

10 Ibid, 208.

11 Ibid, 194.

12 Jouni Paavola and W Neil Adger, ‘Fair Adaptation to Climate Change’ (2006) 56 Ecol Econ 594, 597; W Neil Adger and others (eds), Fairness in Adaptation to Climate Change (The MIT Press 2006) 15–16.