Compensation duties

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Date
2023-02-28
Authors
Mintz-Woo, Kian
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Springer Nature Switzerland AG
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Abstract
While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties â the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g., the Green Climate Fund) or intergenerationally (e.g., Broome and Foley's World Climate Bank). It also describes some recent successful climate cases that require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy.
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Keywords
Beneficiary pays principle , Burden-sharing , Climate change , Climate justice , Compensation duties , Distributive justice , Ethics , Global justice , Loss and Damage , Polluter pays principle
Citation
Mintz-Woo, K. (2023) 'Compensation duties', in Pellegrino, G. and Di Paola, M. (eds.) Handbook of the Philosophy of Climate Change. Cham: Springer Nature Switzerland AG. doi: 10.1007/978-3-030-16960-2_54-1
Copyright
© 2023, Springer Nature Switzerland AG. This is a post-peer-review, pre-copyedit version of a chapter published in Pellegrino, G. and Di Paola, M. (eds.) Handbook of the Philosophy of Climate Change. Cham: Springer Nature Switzerland AG. doi: 10.1007/978-3-030-16960-2_54-1. The final authenticated version is available online at: https://doi.org/10.1007/978-3-030-16960-2_54-1