I'm sorry if I was unclear.

Intent and attribution are of course independent of each other, but both would 
be relevant to attempts to secure compensation for post/mid-CE weather 
disasters. Of the two, intent will be the far easier one to determine.

> Again:  Are there fundamental differences in the compensation issue between 
> climate change that is produced intentionally versus climate change that is 
> produced knowingly?


If we go by historical and legal parallels, yes. If your action triggers a 
harmful result that you knew was a possibility and took reasonable measures to 
prevent, the punishment is usually less than if you ignored/discounted that 
possibility, and far less than if you intended that harmful result. In most 
scenarios the potentially-provable accusation would be of negligence, not 
assault with a climate weapon. 

But again, intent is comparatively simple to determine. Attribution will be the 
much more difficult task, and the one most likely to cause a political crisis. 
Proving legally that Weather Disaster X was caused primarily by climate 
engineering will be extremely difficult; proving it politically, conversely, 
will be (unfortunately) quite simple.

-Jamais



On Aug 12, 2014, at 2:53 PM, Ken Caldeira <[email protected]> wrote:

> How does whether the intervention was intentional vs. merely knowing affect 
> the attribution problem?
> 
> Attribution of effects to causes in physical systems is independent of 
> motivations.  
> 
> In either case, damaging third parties was not the goal. In both cases 
> (intentionally vs knowingly causing climate change), someone is will to 
> damage (or risk damaging) third parties to achieve some other goal.
> 
> In what ways do the compensation to the third party depend on the details of 
> what the other goal might have been?
> 
> Again:  Are there fundamental differences in the compensation issue between 
> climate change that is produced intentionally versus climate change that is 
> produced knowingly?
> 
> If I emit CO2 with the intent of changing climate versus the intent of 
> driving to work, does that change anything relevant to compensation or 
> attribution issues?
> 
> 
> 
> 
> _______________
> Ken Caldeira
> 
> Carnegie Institution for Science 
> Dept of Global Ecology
> 260 Panama Street, Stanford, CA 94305 USA
> +1 650 704 7212 [email protected]
> http://dge.stanford.edu/labs/caldeiralab  
> https://twitter.com/KenCaldeira
> 
> Assistant:  Dawn Ross <[email protected]>
> 
> 
> 
> On Tue, Aug 12, 2014 at 11:56 AM, Jamais Cascio <[email protected]> 
> wrote:
> Level and intentionality of contribution is one component. Provable 
> attribution is another, which is also relevant to climate engineering: if 
> Weather Disaster X happens six months after the onset of SRM, how can it be 
> proven that WDX was (or was not) triggered by SRM?
> 
> It may be useful to look at the legal history of lawsuits brought against 
> tobacco companies for broadly parallel complexities.
> 
> -Jamais Cascio
> 
> 
> 
> 
> 
> On Aug 12, 2014, at 11:24 AM, Ken Caldeira <[email protected]> 
> wrote:
> 
>> How and why do the challenges of compensation for solar geoengineering 
>> damage fundamentally differ  from the challenges associated with 
>> compensation for damages associated greenhouse gas or tropospheric aerosol 
>> emissions that are byproducts of industrial activity?
>> 
>> The main differences that I see is that inadvertent climate change likely 
>> involves more actors (i.e., solar geoengineering will probably be limited to 
>> state actors) and inadvertent climate change is caused knowingly but not 
>> intentionally.
>> 
>> Does the issue of compensation fundamentally differ depending on whether the 
>> climate change was caused intentionally versus merely knowingly?
>> 
>> (By the way, paper is behind a paywall that Stanford libraries does not 
>> tunnel through, so I am operating solely on the basis of the text below.)
>> 
>> _______________
>> Ken Caldeira
>> 
>> Carnegie Institution for Science 
>> Dept of Global Ecology
>> 260 Panama Street, Stanford, CA 94305 USA
>> +1 650 704 7212 [email protected]
>> http://dge.stanford.edu/labs/caldeiralab  
>> https://twitter.com/KenCaldeira
>> 
>> Assistant:  Dawn Ross <[email protected]>
>> 
>> 
>> 
>> On Tue, Aug 12, 2014 at 10:20 AM, Andrew Lockley <[email protected]> 
>> wrote:
>> Ethics, Policy & Environment
>> Volume 17, Issue 2, 2014
>> 
>> Response to Svoboda and Irvine
>> 
>> Full access
>> DOI:10.1080/21550085.2014.926080 Jesse Reynolds
>> Published online: 08 Aug 2014
>> 
>> In this issue, Svoboda and Irvine (Svoboda & Irvine, 20146. Svoboda,
>> T., & Irvine, P. (2014). Ethical and technical challenges in
>> compensating for harm due to solar radiation management
>> geoengineering. Ethics, Policy and Environment, 17(2), 157-174.
>> [Taylor & Francis Online]
>> View all references) offer the most in-depth consideration thus far of
>> possible compensation for harm from solar radiation management (SRM)
>> geoengineering. This topic is indeed treacherous terrain, pulling
>> together multiple complex debates, ethical and otherwise. Their
>> description of the technical challenges to determining damages and
>> causation in particular are illuminating. The reader cannot help,
>> though, but be left with the sense that both SRM and compensation are
>> futile efforts, bound to do more harm than good.
>> Before proceeding, throughout any consideration of geoengineering, one
>> must always bear in mind that it is under consideration as a possible
>> complementary response (along with greenhouse gas emissions
>> reductions--or 'mitigation'--and adaptation) to climate change. Climate
>> change poses risks to the environment and humans, among whom the
>> world's poor are the most vulnerable. The Intergovernmental Panel on
>> Climate Change recently concluded that 'Models consistently suggest
>> that SRM would generally reduce climate differences compared to a
>> world with elevated greenhouse gas concentrations and no SRM ...'
>> (Boucher et al., 20133. Boucher, O., Randall, D., Artaxo, D.,
>> Bretherton, C., Feingold, G., Forster, P., ... Zhang, X. Y. (2013).
>> Clouds and aerosols. In T. F.Stocker, D.Qin, G. -K.Plattner, M.Tignor,
>> S. K.Allen, J.Boschung... P. M. Midgley (Eds.), Climate change 2013: The
>> physical science basis. Contribution of Working Group I to the Fifth
>> Assessment Report of the Intergovernmental Panel on Climate Change
>> (pp. 571-657). Cambridge: Cambridge University Press.
>> 
>> View all references, p. 575). Therefore, SRM has the potential to
>> reduce harm to the environment and humans, particularly to already
>> disadvantaged groups. However, SRM is imperfect.
>> The primary problem with S&I's analysis is that they treat the
>> shortcomings of SRM and of compensation for its potential negative
>> secondary effects as if they were sui generis. In fact, these cited
>> shortcomings are found among three existing policy domains, which
>> happen to intersect at the proposed compensation for SRM's harms. The
>> first such policy domain is socially organized responses to other
>> complex problems, and the provision of public goods in particular. In
>> a key passage, S&I write that 'The potential for SRM deployment to
>> result in an unequal distribution of harm and benefit among persons
>> raises a serious ethical challenge. It seems deeply unfair to adopt a
>> climate change strategy that benefits some at the expense of harming
>> others. This is especially the case if those harmed bear little or no
>> responsibility for the problem of anthropogenic climate change' (pp.
>> 160-161). One could replace the phrases 'SRM deployment' and 'a
>> climate change strategy' (and skip the final specific sentence, for
>> now) with references to almost any socially organized response to a
>> complex problem, and the statement would remain valid. Indeed, the
>> primary function of government is arguably to levy taxes in order to
>> provide public goods, which are unlikely to be otherwise adequately
>> provided. These public goods include (but are not limited to) defense
>> from external threats, police protection to reduce crime, construction
>> of infrastructure, regulation for safety and environmental protection,
>> generation of knowledge through research, and standards setting. In
>> each of these cases, some people benefit more than others, and some
>> pay more than others. Some may be net losers. Policies in which no one
>> is a net loser (i.e., Pareto improving) are sometimes possible, but
>> most often are not or are not pursued. Instead, policies that generate
>> positive total net benefits are adopted. To compensate net losers,
>> side payments can be made and/or other issues can be linked. While
>> these arrangements could be called ethically problematic, they
>> constitute the very core of public policy. In fact, several of S&I's
>> ethical concerns--including raising revenue from those opposed to
>> and/or harmed by a policy, arbitrary rules, and the non-identity
>> problem--could be posed regarding these public goods' provision. SRM
>> might be especially complex, in large part because of its global
>> nature, but that does not make it entirely novel. Other global public
>> goods are promoted through various international mechanisms (Barrett,
>> 20071. Barrett, S. (2007). Why cooperate? The incentive to supply
>> global public goods. Oxford: Oxford University Press.
>> 
>> View all references).
>> The second policy domain posing similar ethical problems is
>> compensation, particularly in complex situations. Even in a case as
>> simple as accident liability with a single injurer and a single
>> victim, compensation for non-economic and irreparable damages is
>> unclear, and compensation clearly does not grant license for an
>> injurer to harm the victim. In a more complex example, such as the
>> requested compensation by those born with birth defects due to their
>> mothers' use of thalidomide during pregnancy, is it very uncertain who
>> should pay and how much compensation should be provided.
>> The third existing policy domain is climate change. In the key passage
>> cited above, 'SRM deployment' could be replaced with 'mitigation,'
>> 'adaptation,' and/or 'compensation for climate change damages' and the
>> statement would remain valid. Any climate policy will 'result in an
>> unequal distribution of harm and benefit among persons,' and under all
>> feasible policies, those who 'bear little or no responsibility for the
>> problem of anthropogenic climate change' will experience some harm.
>> Specifically, aggressive mitigation would be expensive and, though it
>> offers some co-benefits, it would hinder economic development,
>> including in poor countries.1
>> 1 Developing countries account for the majority of current greenhouse
>> gases emissions and the large majority of projected future emissions.
>> Fossil fuel combustion remains essential to economic development.
>> Aggressive mitigation would reduce fossil fuel combustion, hindering
>> economic development in poor countries.View all notes
>> The cause of the 'ethical uncertainty' is not SRM but climate change
>> and greenhouse gas emissions, whose ethics is discussed thoroughly in
>> the literature. Because of this, no responses to climate change will
>> be impervious to accusations of being unjust. However, S&I's implicit
>> ethical divorce of SRM from climate change has the effect of laying
>> the ethical challenges from climate change at the feet of SRM.
>> An additional problematic aspect of S&I is that, to some degree, they
>> stack the deck against SRM. Regarding its benefits, they fail to
>> emphasize that SRM appears to hold the potential to greatly reduce
>> climate change risks to the environment and people, particularly to
>> the world's poor. Regarding SRM's costs, they cite four ways in which
>> some might be harmed, each of which is likely to be less severe than
>> they imply. First, SRM would compensate for temperate and
>> precipitation changes unevenly. Yet almost all modeling of SRM's
>> probable effects are not optimized but instead use a determined SRM
>> intensity or one that would return global average temperature to a
>> preindustrial value. Citing them as indicating certain likely harms
>> would require that significantly suboptimal SRM policies be adopted.
>> The one model that does balance temperature and precipitation across
>> regions of the globe found that population-weighted Pareto optimal,
>> globally uniform SRM could compensate for 93% of temperature changes
>> and 56% of precipitation changes (Moreno-Cruz, Ricke, & Keith, 20124.
>> Moreno-Cruz, J. B., Ricke, K. L., & Keith, D. W. (2012). A simple
>> model to account for regional inequalities in the effectiveness of
>> solar radiation management. Climatic Change, 110(3), 649-668.
>> [CrossRef], [Web of Science (R)]
>> View all references, p. 660). Second, S&I point to ocean
>> acidification, but this is not caused by SRM but instead by elevated
>> atmospheric carbon dioxide. It is simply unaddressed by SRM. Third,
>> they note possible damage to stratospheric ozone. However, this would
>> be caused by only one proposed SRM technique (stratospheric aerosol
>> injection) using one proposed material (sulfate aerosols); other
>> methods and materials are possible. Furthermore, recent research
>> indicates that this impact would be small and the harmful consequences
>> (increased ultraviolet radiation) would be almost entirely offset by
>> the screening of incoming light by the aerosols (Pitari et al., 20145.
>> Pitari, G., Aquila, V., Kravitz, B., Robock, A., Watanabe, S., Cionni,
>> I., ... Tilmes, S. (2014). Stratospheric ozone response to sulfate
>> geoengineering: Results from the Geoengineering Model Intercomparison
>> Project (GeoMIP). Journal of Geophysical Research: Atmospheres,
>> 119(5), 2629-2653.
>> [CrossRef], [Web of Science (R)]
>> View all references). Fourth, if SRM were to suddenly stop, then the
>> subsequent rapid climate change would be very harmful. But it is not
>> only SRM which poses risks if not implemented properly. For example,
>> society could intend optimal mitigation and adaptation yet fail to
>> implement them, resulting in dangerous climate change. In fact,
>> contemporary society maintains numerous complex operations whose
>> cessation would result in harm. For example, the well being of almost
>> all people relies upon continued global trade powered by fossil fuels,
>> yet we generally do not worry about a sudden cessation of trade and
>> fossil fuel extraction. Lastly, even if SRM were to stop, the benefits
>> might still outweigh the costs (Bickel & Agrawal, 20132. Bickel, J.
>> E., & Agrawal, S. (2013). Reexamining the economics of aerosol
>> geoengineering. Climatic Change, 119(3-4), 993-1006.
>> [CrossRef], [Web of Science (R)]
>> View all references). Nevertheless, the authors emphasize that SRM
>> 'could result in substantial harm' (p. 160). This is true in that SRM
>> would pose risks, but S&I emphasize only the misses while downplaying
>> the hits.
>> Both SRM and the compensation for its negative secondary effects are
>> ethically complex. Yet such 'ethical uncertainty' generally neither
>> raises questions of ethical permissibility and nor induces paralysis
>> among policy makers in other domains such as the provision of public
>> goods, compensation, and mitigation and adaptation in response to
>> climate change. SRM is indeed complex and challenging but S&I fail to
>> indicate why its case should be fundamentally different from these
>> others. A more pragmatic approach, which asks what policies and
>> avenues of research would be most likely to offer the greatest
>> benefits, as opposed to one which seeks only what is problematic, may
>> be more productive.
>> 
>> Notes
>> 
>> 1 Developing countries account for the majority of current greenhouse
>> gases emissions and the large majority of projected future emissions.
>> Fossil fuel combustion remains essential to economic development.
>> Aggressive mitigation would reduce fossil fuel combustion, hindering
>> economic development in poor countries.
>> 
>> References
>> 
>> 1. Barrett, S. (2007). Why cooperate? The incentive to supply global
>> public goods. Oxford: Oxford University Press.
>> 2. Bickel, J. E., & Agrawal, S. (2013). Reexamining the economics of
>> aerosol geoengineering. Climatic Change, 119(3-4), 993-1006.
>> [CrossRef], [Web of Science (R)]
>> 3. Boucher, O., Randall, D., Artaxo, D., Bretherton, C., Feingold, G.,
>> Forster, P., ... Zhang, X. Y. (2013). Clouds and aerosols. In T.
>> F.Stocker, D.Qin, G. -K.Plattner, M.Tignor, S. K.Allen, J.Boschung... P.
>> M. Midgley (Eds.), Climate change 2013: The physical science basis.
>> Contribution of Working Group I to the Fifth Assessment Report of the
>> Intergovernmental Panel on Climate Change (pp. 571-657). Cambridge:
>> Cambridge University Press.
>> 4. Moreno-Cruz, J. B., Ricke, K. L., & Keith, D. W. (2012). A simple
>> model to account for regional inequalities in the effectiveness of
>> solar radiation management. Climatic Change, 110(3), 649-668.
>> [CrossRef], [Web of Science (R)]
>> 5. Pitari, G., Aquila, V., Kravitz, B., Robock, A., Watanabe, S.,
>> Cionni, I., ... Tilmes, S. (2014). Stratospheric ozone response to
>> sulfate geoengineering: Results from the Geoengineering Model
>> Intercomparison Project (GeoMIP). Journal of Geophysical Research:
>> Atmospheres, 119(5), 2629-2653. [CrossRef], [Web of Science (R)]
>> 6. Svoboda, T., & Irvine, P. (2014). Ethical and technical challenges
>> in compensating for harm due to solar radiation management
>> geoengineering. Ethics, Policy and Environment, 17(2), 157-174.
>> [Taylor & Francis Online]
>> 
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