Justice in Adaptation to Climate Change A Framework of Analysis and Justice in International Environmental Law on Adaptation Jouni Paavola W. Neil Adger

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

Adaptation to Floods: Examples ResponseProactiveReactiveInaction International NAPA guidelinesDisaster 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

Justice in the Context of Adaptation Field of Justice Dilemmas of Justice Distributive 1.Distribution of the burden of making funds available for assisting adaptation 2.Distribution of assistance for adaptation 3.Distribution of costs and benefits of adaptive responses Procedural 1.Whose interests considered and how 2.Who can participate in and how 3.How much influence parties have and on what basis

Justice and Assistance for Adaptation Justice Examples of criteriaNotes Distributive 1.Utilitarian: Welfare maximisation, maximax (most able to adapt), maximin (most vulnerable) 2.Other consequentialist: security and the absence of climate danger 3.Deontological: existence right of non-human species What is and who defines: 1.adaptive capacity 2.Vulnerability 3.Danger 4.Rights Procedural 1.Utilitarian; rules that give effect to preferences and ability and willingness to pay 2.Other consequentialist; s elf-determination; affected parties only 3.Deontological rules; Equality 1.Why not willingness to accept compensation? 2.Who is a stakeholder? 3.Why not recognise the intensity of interests?

Justice in Local Adaptation JusticeManifestations 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).

Justice in International Law on Adaptation JusticeManifestations 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

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

Justice in Adaptation to Climate Change A Framework of Analysis and Justice in International Environmental Law on Adaptation Download at Jouni Paavola W. Neil Adger