In the following, it will be discussed if a fair allocation of the costs of climate change can be based on one of the four principles: (i) polluter pays, (ii) historical responsibility, (iii) beneficiary pays, and (iv) ability to pay. To do so, firstly, it has to be defined what action is considered to be unjust with respect to climate change. On this basis, it can be defined who is responsible for a (potentially) unjust action—who the relevant moral agents are that have a duty to pay for the costs of climate change.
Generally, an environmental injustice arises if either environmental benefits are unevenly distributed or if an unfair burden in form of environmental harm is placed on one agent by another [
23]. In the context of climate change, the first case builds upon an egalitarian concept of justice which conceptualises the atmosphere as a common good [
24] (p. 28). The main moral principle underlying this is the principle of equal opportunity. This implies that every individual, independent of place and time, has an equal right to emit and benefit from it or to benefit from limited emissions. However, extensive use by some reduces the opportunities of others. An example for the second case is uncompensated costs of adaptation. In either case, the relevant action can be considered to be the emission of GHGs. Yet, not every emission of GHG is unjust and therefore, it has to be defined more precisely which emissions are unjust. GHG emissions can only be considered an unjust action if several criteria are met [
20,
25] (pp. 54–59):
Now that the unjust action is defined, the question of the relevant moral agent remains. Certainly, individual actions cause emissions of GHGs, and to some extent, these emissions could be reduced without major sacrifices. For example, people could cycle more, use public transportation instead of cars, or reduce their meat consumption. Frequently, the argument of cost-efficiency is used against individual responsibility. The underlying idea is that individual changes in behaviour only have marginal effects and are therefore unsuitable to deal with the problem on a large scale. Thus, states (or state institutions) are often considered to be relevant agents, and hence, responsibility is ascribed to them. States do have the legal power to influence citizens’ behaviour and could therefore address the problem of climate change. Nevertheless, the duty cannot be simply narrowed down to states because the actions of states are not the only cause for emissions. Corporations’ actions cause environmental damage as well and international institutions, e.g., the World Bank, may influence the level of GHG emissions by promoting either sustainable projects or emission intensive projects [
23]. Thus, it could be argued that all moral agents (individuals, corporates, states, and international institutions) bear responsibility. Yet, such generic ascriptions of responsibility are impracticable as duties cannot be allocated and, therefore, are likely to be dismissed [
26] (p. 98f.). Therefore, in the following, it will be assessed whether the four principles are capable to ascribe specific responsibility and associated moral duty to a specific agent and thereby allocate the costs of climate change in a fair way.
3.1. Polluter Pays Principle
Generally, the idea that the agent who caused a negative externality is responsible for her own action is considered to be fair. This is the basis of the so-called polluter pays principle. Caney [
18] (p. 753) refers to this as ‘micro-version’ of the polluter pays principle because a single agent, the polluter, imposes a negative externality on another agent. The harm created by the negative externality causes an inequality between the two agents. As discussed above, further conditions have to be met in order to consider this action as unjust. Thus, it is assumed that the polluter imposes the costs on the other agent with the purpose of self-enrichment; that the harm is serious, uncompensated, not reciprocal, and could have been easily avoided; that the action was not accidental; and that the polluter had knowledge about the action’s consequences. On this basis, the action is considered to be unjust. If at least one agent has been put in such a position of arbitrary inequality, the act of neutralising this inequality by imposing burdens on the polluter is a justified action [
27]. This can either be achieved by the removal of the pollution or by the payment of a compensation which covers at least the costs of the externality [
28]. However, to do so, the specific harm of a specific action has to be identified. This poses a challenge because, although a causality between the share of emission and the caused pollution exists, the resulting harm is very uncertain. Note that, in principle, this argument is only a concern for practical implication and not for moral considerations. Yet, identifying an action’s specific harm is unreasonable in case of global climate change [
18].
Therefore, Caney [
18] (p. 753) extended the micro-version of the polluter pays principle, which considers only the action and associated pollution of a single agent, by the development of his so-called ‘macro-version’. The latter takes into consideration that more than one agent may be involved in an action’s performance which causes the pollution and, as a consequence harm, all polluters are then responsible for their individual share of the pollution. The challenge of identifying individual shares of global climate change remains. However, based on the macro-version it can be argued that the harm (global climate change) is a result of the combined actions of the polluters. Thus, even if individuals cannot be made responsible for their specific contributions to the harm, it can be argued that those who emitted more GHGs are more responsible than those causing less emissions. Therefore, the macro-version appears to be more plausible and more pragmatic with respect to global climate change as many agents emit(ted) GHGs and it seems difficult, not to say impossible, to quantify a specific harm or costs based on individual emissions.
However, the macro-version cannot overcome certain obstacles of the polluter pays principle, either. Firstly, in a globalised world characterised by international trade, the geographical location of production and consumption may diverge [
29,
30,
31]. This implies that some developed countries outsource emissions [
30,
32], which poses difficulties in identifying the actual polluter. As outlined in
Section 2, in recent years especially some of the rapidly developing countries have noticeably increased emission rates, e.g., China and India. Thus, the principle would make them pay for their emissions while neglecting the actual standard of living. Against this background, the polluter pays principle would not necessarily make the wealthiest countries pay and thereby, might hinder poverty reduction efforts. For this reason, Caney [
25] argues to limit the principle to some extent in order to not jeopardise poverty reduction efforts and economic growth in developing countries. Shue [
27] suggests that in these cases, a guaranteed minimum in ecological and material terms is legitimate. The underlying idea is that in a situation characterised by inequality while enough resources exist to guarantee everyone an adequate minimum, in this case, a certain standard of living, it would be unfair to not implement such a guaranteed minimum.
Secondly, based on the polluter pays principle, only the costs of anthropogenic climate change may be allocated whereas non-anthropogenic climate change, also referred to as natural climate change, is disregarded. While the influence of human behaviour on climate change is undeniable (see again
Section 2), it is not the only source of climate change. However, natural climate change creates the same threats to human rights as anthropogenic climate change, which imposes a moral obligation to also prevent non-anthropogenic climate change. Yet, in case of natural climate change, a polluter does not exist and cannot be made responsible. Thus, an additional principle for non-anthropogenic climate change would be needed in order to identify duty-bearers [
25].
In summary, the polluter pays principle in its pure form cannot be considered complete as (i) in its micro-version, it suffers from the inability to specify an action’s specific harm; (ii) in its macro-version, the outsourcing of emissions hinders the identification of polluters; (iii) it ignores other aspects of justice such as global poverty reduction; and (iv) it disregards natural global climate change. While the first two points refer to practical problems, the other two points are moral concerns.
3.2. Historical Responsibility Principle
Considering the historical GHG emissions described in
Section 2, and in light of the idea that the polluter is a duty-bearer, it is sometimes argued that a historical responsibility exists based on the above-described egalitarian conception of the atmosphere as common good. Accordingly, the right to benefit holds regardless of the temporal or geographical scale. Disregarding the historical emissions would hurt this principle by favouring past economic growth and associated emissions. Thus, poorer countries, which have not experienced great economic growth yet, and future generations would be worse off. As anthropogenic GHG emissions are primarily associated with the beginning of the industrial revolution, costs should be allocated to countries that caused the highest emissions during history, mainly, the developed countries, based on historic accountability. Consequently, a
Historical Emission Debt can be formally assessed as illustrated in Equation (1) [
33]:
This formula states that the Historical Emission Debt ( of a country i consists of the sum of the country’s emissions from year j, which are still remaining in the atmosphere at the terminal period, subtracted by the share of country i’s population at year j, and the world’s population at year j, times the world’s emissions which are still remaining in the atmosphere at the terminal period, The first period is s and the terminal period is e.
If a country caused high emissions in the past compared to the rest of the world, the HED is going to be positive. This implies that this specific country has to pay compensations to countries with a negative HED. Estimations of the HED have illustrated large differences between countries [
34,
35]. Many developed countries were found to have a positive HED (i.a., United States, Russia, Japan, Germany, Canada, United Kingdom, and Australia). The United States were found to have by far the highest HED, implying a continuous exceedance of the world average (per capita). Other countries such as India, Indonesia, Bangladesh, or Pakistan were found to have a negative HED [
34]. Considering the HED’s development over time, some countries experience an increase in HED (e.g., the United States, Russia, and Germany) while others have decreasing HED (e.g., India and Indonesia) [
34]. Most notable is the development of China’s HED, which was negative and historically low until the mid-2000s when the countries emissions (total and per capita) rapidly increased [
34,
35]. However, it has also been shown that the HED is sensitive to the considered period of time [
34,
35], as well as the examined range of emissions, e.g., also countries characterised by a high degree of deforestation and agriculture may have a high positive HED in addition to industrialised countries [
34]. By formally assessing the HED, a new question arises: who is to charge if the pollution took place more than 150 years ago with the rise of the industrial revolution?
This question cannot be answered straightforwardly, even if the first intuition may be to consider the developed countries due to their historical emissions as polluters, or rather, duty-bearers. Nevertheless, historically, a variety of agents were involved in the process of emitting and associated climate change. The issue at hand is that many of the individuals and corporations which should be duty-bearers do not exist anymore. Due to the fact that the polluters do not live anymore, it would only be possible to transmit the responsibility for their actions to their descendants. From a moral perspective, this is problematic because the descendants did not undertake the unjust action, and from a pragmatic perspective, it appears to be challenging to define the polluters’ descendants [
28]. Thus, the only reasonable solution appears to be a shift in the responsibility to collective, transhistorical units, e.g., states. So, is it possible and just to define a state as duty-bearer?
As discussed above, the dimensionality of climate change is multi-layered. Climate change itself and its consequences happen on a global scale, and relevant public goods, e.g., the atmosphere, are global. Defining states as duty-bearers shifts the distribution of burdens to a national scale, whereas the states’ citizens represent the individual scale. If the distribution of burdens remains on a national level, incentives to bear the costs are lacking on the individual level. Yet, considering that states are collective agents, they are capable of distributing the burdens on an individual level. Therefore, Miller [
28] suggests a two-stage process: First, the costs of adaptation and mitigation are distributed among states. At the second stage, the states distribute these costs among their citizens based on nationally agreed upon rules. This approach overcomes the discrepancy between national and international responsibility while guaranteeing the nations’ autonomy. Furthermore, the national policies for distribution within the states are legitimate based on the assumption of a foregone democratic process. Therefore, in the optimal case, social justice within the state is guaranteed, and incentives to reduce emissions are provided, e.g., through taxation of companies or private households. It can be argued that this two-stage process simply shifts the problem of missing incentives from an individual scale to an international scale because states may still act in their national self-interest. Thus, a sanction mechanism, or at least credible threat of a sanction, and a monitoring instrument would be needed. Miller [
28] opposes that in a fair and voluntary agreement it is reasonable to assume compliance. Yet, even if states would voluntarily agree on burden sharing, the question remains if current states can be made responsible for unjust actions in the past.
A strong argument against this idea is the creation and disappearance of states throughout history. How should, for example, emissions of the former German Democratic Republic, Yugoslavia, or the Union of Soviet Socialist Republics be handled? Miller [
28] argues that instead of states, nations should be made responsible for the acts of their predecessors. He argues that contrary to the situation of states, nations share culture, identity, institutions, and practices over time. Thereby, despite perpetual replacement of individuals (e.g., through death or emigration) intergenerational bonds exist. This implies that due to the membership to a certain nation, the present generations could be held responsible for past emissions. Neumayer [
33] instead suggests that if a new country comes into existence, it should be responsible for past emissions on its territory. In case that data on past emissions are not available, the share of population or the Gross National Product can be used as a proxy.
In addition to the identification of intergenerational duty-bearers, the ignorance of previous generations represents a primary issue for the principle of historical responsibility and thus for the argument that the developed countries have a duty due to their historical emissions. Bearing in mind that human-induced climate change and the resulting consequences were not foreseeable for previous generations due to their lack of knowledge (see, e.g., [
36]), the harm was not intended, and the ignorance is considered excusable [
25]. Therefore, the question arises whether ignorance can represent a strong argument against a compensation of the suffering caused by climate change. Shue [
27] argues that it has to be differentiated between punishment and responsibility. While it would not be fair to punish someone in this position, the agent can still be held responsible for the action’s unforeseen consequences.
Jensen and Flanagan [
22] remark that generally in the discussion about compensation, too much emphasis is put on historical emissions. In fact, global GHG emissions in 2019 were roughly 44% higher than in 2000 and 59% higher than in 1990 [
16]. Thus, the current generations are mainly responsible for the existing harm. Therefore, relying only on historical responsibility would fail to allocate a large share of the costs of climate change.
3.3. Beneficiary Pays Principle
It has been illustrated that the polluter pays principle does not necessarily distribute the burden towards wealthy countries, whereas, based on the principle of historical responsibility, only a fraction of the burden would be distributed due to the higher relevance of recent and current emissions. Against this background, it has been discussed that the current generations should bear the duty as they have obtained a high living standard as a side effect of past emissions and, thus, are beneficiaries of past economic activities [
27,
33]. Due to the fact that they take part in a continuous economic system, they are also bound to the duty. Although in the discussion on the distribution of responsibility this argument was used to strengthen the polluter pays principle (see [
27,
33]), it rather imposes a duty to compensate on the agent who has benefitted from an action. Therefore, it is also referred to as the beneficiary pays principle. In contrast to the polluter pays principle, agents who have benefitted from the implementation of an action or policy through a third agent, who has generated a negative externality, have a duty to not act in the same way and to address the damage caused [
18]. Ignoring this duty can be understood as transgenerational free-riding because the negative externality was created by past generations, whereas current generations are better off without undertaking an action themselves, apart from accepting benefits [
37].
The polluter pays principle and the beneficiary pays principle are, in practice, mutually exclusive. Theoretically both could apply at the same time but only when two conditions are met. Firstly, all polluters benefit from their action and everyone who benefits is a polluter. In an intergenerational context this could be the case but not necessarily. Secondly, the benefit has to correspond with the damage in order for the damage to be coverable. This is an unreasonable assumption because the pollution and resulting benefits are unlikely to be perfectly correlated [
23]. Therefore, a combination of the two principles has been suggested. As long as the polluter is still alive, the polluter pays principle applies whereas the beneficiary pays principle is considered when the polluter is no longer alive (see [
27,
33]). However, this proposition is inconsistent because, in the second situation, benefitting results in duty-bearing whereas, in the first situation, it does not impose duty simply because the polluter is still alive [
23].
Considering both principles as mutually exclusive, the question is whether the beneficiary pays principle alone suffices. As mentioned above, the fundamental assumption is that current generations are beneficiaries of past emissions. At first, it has to be defined what is understood by the term beneficiary. Parfit [
38] (p. 487) defines beneficiary or rather a beneficial situation by ‘the two-state requirement’ which states that:
“We benefit someone only if we cause him to be better off than he would otherwise at that time have been.”
Considering the intergenerational context of climate change, this would mean that the current generations benefit from past generations’ emissions if they find themselves in a better state than they would have without these emissions. This is the fundamental assumption that has to hold in order to apply the beneficiary pays principle. Parfit’s [
38] so-called
non-identity problem raises a strong objection against this assumption and illustrates the difficulty of weighting intergenerational interests. The non-identity problem assumes that choices undertaken in the present can affect the identity and the amount of people living in the future, although this does not necessarily have to be the case. On this basis, two overarching situations can be differentiated:
same people choices and
different people choices.
In the first case, current choices cannot affect the identity nor the amount of future people. This is referred to as same people choices. In the second case, the identity and the number of future people can be affected, this is called different people choices. In the latter case, it has to be distinguished if only the identity but not the amount of future people is affected (
same number choices) or if both is affected (
different number choices) [
38] (p. 356). The actions associated with global climate change can be considered to have a strong impact and thus are different number choices [
22]. Following Parfit’s [
38] argumentation, this implies that these actions cannot harm future generations because without these actions, even if they accompany environmental damage, the future people would not have come into existence. Considering the above given definition of a beneficial situation, it cannot be concluded that emissions of past generations have benefitted current generations because of the impossibility to define a benchmark if other identities were in existence. Thus, the beneficiary pays principle is inadequate for an intergenerational context and does not impose a duty on the developed countries to bear the burdens of past generations [
18].
3.4. Ability to Pay Principle
The ability to pay principle does not consider any historical emissions. Thus, as a forward-looking principle, it leaves any potential debts or duties from past generations aside. As the name implies, this principle allocates responsibility based on greater ability to pay. Shue [
27] (p. 537) defines ability to pay in the following way (second principle of equity):
“Among a number of parties, all of whom are bound to contribute to some common endeavour, the parties who have the most resources normally should contribute the most to the endeavour.”
Thus, the more ‘excess capacity’ a country has, the more it should contribute to combating climate change [
39] (p. 561). In order to define fair contributions—or to be precise: payments—in accordance with the ability to pay, a rate of contribution has to be chosen. This rate should consider the correlation between wealth and payment in an adequate way. A flat rate of contribution implies an equal share for every agent which seems inadequate considering that it does not take into account the ability to pay. Furthermore, it may situate agents beneath the earlier discussed guaranteed minimum if the rate is chosen too high. Therefore, a progressive rate is more suitable to achieve a fair distribution of costs [
27]. This poses an issue already observed for the polluter pays principle, namely, that the extent of harm has to be assessed in order to define fair contributions [
25].
Irrespective of the issue of defining a fair rate of contribution, the moral question at hand is: Is it fair if someone, in this case, the advantaged or rather wealthy, who did not actively cause any harm is assigned the responsibility for existing and/or future damages and harms? To answer this questions, two different scenarios have to be considered [
20,
25] (p. 43ff.):
business as usual and
efficiency without sacrifice. In the business as usual scenario, emitters still behave as before to the detriment of those suffering from the negative externality. Thus, agents who have not undertaken the action themselves but are exposed to the consequences have to pay, in the context of global climate change, most likely the poor due to their high vulnerability. In the efficiency without sacrifice scenario, GHG emissions are reduced, which implies harming the emitters who miss out on benefits. However, the externality represents an inefficiency, and thus, emitters could be compensated by agents who were beforehand suffering from the externality. From an efficiency perspective, this is favourable over business as usual because some are better off without anyone being worse off. Still, again, an agent who was not the emitter might have to pay for the compensation. Thus, the ability to pay principle cannot be invalidated by the argument that the advantaged did not cause the harm, as the ones suffering from the externality also did not cause it but would have to burden the costs otherwise [
25]. Thus, a third scenario, efficiency with sacrifice, in which emitters reduce the GHG emissions without being compensated is most favourable. As in the efficiency without sacrifice scenario, the externality is corrected, but the distributional effects are different. Resources are shifted towards the future, and these investments will generate higher benefits than currently possible. Thus, total benefits are higher with the same input of resources suggesting that a sub-optimal emission regime leads to a pareto-improvement [
20].
However, Kelleher [
40] criticises this welfare-economic perspective with its focus on (pareto) efficiency and its definition of costs and benefits in terms of willingness to pay and willingness to accept. Considering the above-described non-identity problem, this conceptualisation becomes problematic. The benefits of the internalization would have to be measured in terms of the willingness to pay of future generations. Thus, the willingness-to-pay of future generations in the business as usual case serves as a benchmark. However, as discussed above, the relevant actions are the different number choices. Therefore, changes in current emission behaviour or policies would have an influence on the identity and the amount of future people. This implies that future people would not be willing to pay for a reduction in GHG emissions as this would mean that they will never come into existence. Only if the life of future people would not be worth living would a willingness to pay be reasonable [
20,
40]. Thus, climate change cannot be oversimplified to a pareto-inefficiency, and therefore, efficiency without sacrifice is implausible in the context of climate change [
40].