2
Philippines.1 It might appear tragic that a country that, unlike the wealthiest and
most powerful countries, is doing what it can to limit climate change should be the
victim of increasingly ferocious cyclones (made more powerful by the rising
temperature of the ocean) and other elements of so far uncontrolled climate
change. But it is not a tragedy, because the worsening climate is not unavoidable,
and it is not natural. Uncontrolled climate change is the result of human
decisions, decisions to act and decisions not to act. The results of these decisions
are moral wrongs, not natural tragedies. The agents who have made those
decisions are morally responsible for the consequences in the lives of others
affected and ought to be held accountable for the wrongs brought about by their
choices.
I have been asked to explain the basis of the moral responsibility of the forty-six
firms named in the petition, to which I will refer as the “carbon majors”, for the
suffering and damage caused to the people of the Philippines by the worsening
climate driven by the carbon emissions from their fossil fuels. The causal
responsibility of these (and other) carbon majors, which is the empirical basis for
their moral responsibility, has been demonstrated by scientists.2 But not all causal
responsibility brings moral responsibility. In order for an action or omission that
causes damage to be morally wrong, that action or omission must avoidably violate
a moral principle as it brings about its effects.3 Are the carbon majors avoidably
violating any moral principles by continuing to rely on products and services the
use of which forces the climate to change by injecting carbon dioxide into the
earth’s atmosphere?
2.2 No harm without necessity
Yes, and the explanation of why the behaviour in which these firms persist is
wrong is clear, simple, and relatively uncontroversial, because it relies only on one
of the most fundamental and widely accepted moral principles. Every society in
the world accepts the principle, “do no harm”. Within medical ethics, for
example, it is known as the ancient Hippocratic Oath: “first, do no harm”.
Obviously it is impossible in reality to do literally no harm. Reality is too
complex for perfect compliance, and necessity can be a perfectly acceptable excuse
for doing harm when, but only when, the harm is in fact unavoidable.
Amputating a person’s limb harms the person, but if that is in fact the only way to
save her life, the amputation can be justified as a matter of necessity. This is why
the principle really means: do no avoidable harm, or do no harm without
necessity.4
2.3 Violation of basic rights
The carbon emissions from the combustion of fossil fuels are inflicting
increasingly monumental harm throughout the planet by undermining the stability
of its climate. Climate stability is a pre-condition for the conduct of productive
agriculture, the provision of safe housing, and the other minimal economic
activities that underlie civilized society. Indeed, if one accepts that there are
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1Climate
Action Tracker, “Countries”, September 2018.
https://climateactiontracker.org/countries/
2 B. Ekwurzel, J. Boneham, M.W. Dalton, R. Heede, R.J. Mera, M.R. Allen, and P.C. Frumhoff,
‘The rise in global atmospheric CO2, surface temperature, and sea level from emissions traced to
major carbon producers’, Climatic Change, 144 (2017), 179-190. doi:10.1007/s10584-0171978-0.
3Hereafter I will abbreviate ‘action or omission’ to ‘action’ in order to be less clumsy, but I will
always include choices not to act, as well as choices to act, as actions.
4This principle is explained more fully, and given context, in H. Shue, ‘Responsible for What?
Carbon producer CO2 contributions and the energy transition’, Climatic Change, 144 (2017),
591-596. doi:10.1007/s10584-017-2042-9. Copy attached to this statement.