For those who will be there, there is a session on this issue of 
intentional vs. known/foreseen at CE 14 next week:

INTENTIONAL & UNINTENTIONAL INTERFERENCES IN THE CLIMATE SYSTEM
Conveners: 
Harald Stelzer (IASS-Potsdam) 
<http://www.iass-potsdam.de/people/pd-dr-harald-stelzer>
Fabian Schuppert (Queen's University Belfast) 
<http://www.qub.ac.uk/research-centres/InstituteforCollaborativeResearchintheHumanities/StaffProfiles/DrFabianSchuppert/>
Speakers: 
David R. Morrow (University of Alabama at Birmingham) 
<http://www.davidmorrow.net/>
Christopher Preston (University of Montana) 
<http://www.humansandnature.org/christopher-preston-scholar-8.php>
Clare Heyward (Warwick University) 
<http://www2.warwick.ac.uk/fac/soc/pais/people/heyward/>
Date: 
Wednesday, 20. August 2014 - 9:00 to 10:30
Location: 
Pine



On Wednesday, August 13, 2014 7:29:27 AM UTC-6, Josh Horton wrote:
>
> Jesse, thanks for posting the Svoboda and Irvine article as well as all 
> four commentaries (including mine!).
>
> The question of intent may be misplaced here, because the standard for 
> international liability is usually strict, no-fault liability, which would 
> almost certainly apply to SRM in practice.  Under this principle, the key 
> issue is causation/attribution, not intent.  Attribution will likely be 
> difficult, but not impossible -- methods like Fraction Attributable Risk 
> are making headway on this front.
>
> Josh
>
> On Wednesday, August 13, 2014 4:00:53 AM UTC-4, Jesse Reynolds wrote:
>>
>> My response is one of four to Svoboda and Irvine. In the same issue, 
>> there is also a relevant target article by David Morrow 'Starting a flood 
>> to stop a fire? Some moral constraints on solar radiation management' with 
>> five responses. All are at 
>> http://www.tandfonline.com/toc/cepe21/17/2 
>>
>> I am unsure of the unstated rules regarding posting articles which are 
>> behind firewalls. [If anyone knows, please clarify.] Here I am attaching 
>> Svoboda and Irvine and its responses. [I hope that this does not overstep 
>> the bounds of sharing.] I would be glad to share David's and those 
>> responses if anyone wishes and it is OK. 
>>
>> There are a few other recent and forthcoming articles on compensation. I 
>> am working on one. See also 
>> Clare Heyward, "Benefitting from Climate Geoengineering and Corresponding 
>> Remedial Duties: The Case of Unforeseeable Harms," Journal of Applied 
>> Philosophy, (2014) 
>> http://onlinelibrary.wiley.com/doi/10.1111/japp.12075/abstract 
>>
>> Cheers, 
>> -Jesse         
>>
>> ----------------------------------------- 
>> Jesse L. Reynolds 
>> European and International Public Law 
>> Tilburg Sustainability Center 
>> Tilburg University, The Netherlands 
>> Book review editor, Law, Innovation, and Technology 
>> email: j.l.re...@uvt.nl 
>> http://works.bepress.com/jessreyn/ 
>>
>> -----Original Message----- 
>> From: geoengi...@googlegroups.com [mailto:geoengi...@googlegroups.com] 
>> On Behalf Of Andrew Lockley 
>> Sent: 12 August 2014 19:21 
>> To: geoengineering 
>> Subject: [geo] Response to Svoboda and Irvine, J Reynolds 
>>
>> 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 ®] 
>> 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 ®] 
>> 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 ®] 
>> 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 ®] 
>> 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 ®] 
>> 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 ®] 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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