Close Examination of the Principle of Global Per-Capita Allocation of the Earth’s Ability to Absorb Greenhouse Gas

Theoretical Inquiries in Law 14 (1):191-206 (2013)
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Abstract

In this Article we attempt to narrow the gap between developed and developing countries’ respective perceptions of justice in the context of climate change. We show that, in spite of its intuitive appeal, the equal per-capita argument is not grounded in any general moral principle and therefore cannot provide an answer to the question regarding what would be a fair allocation of emission rights. We argue that the underlying moral theory is global distributive justice theory, which unfortunately can only be of very limited help. We briefly discuss the various particular principles/considerations that are offered in the literature either in support or in criticism of the equal percapita allocation and find that upon close analysis they generally support the developing countries’ view, but not a per-capita allocation of emission rights. We conclude with a practical suggestion.

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