TCLR Secondary School Essay Competition Winner: Should States Be Held Liable for Their Contribution to Global Warming?

Jane Prendergast, St. Mary's Secondary School

The last year has been a landmark period for the climate movement. Motivated by young activists, from Greta Thunberg to Ireland’s Beth Doherty and Saoirse (Saoi) O’Connor, millions of people have taken to the streets to march in protest of climate inaction by their governments around the world. Major businesses have also taken steps to “greenify” their companies. Fast food giant McDonald’s has eliminated certain plastic items, and multiple fashion chains, such as H&M and Zara, have bowed to demand and began to produce environmentally sustainable ranges. Ethical veganism has recently been declared a philosophical belief in England after a legal case (Casamitjana v. League Against Cruel Sports), meaning that its followers are now protected from discrimination under the Equality Act 2010.

However, recklessness has still been shown by various governments. In Ireland, the fiasco that is the Shannon Liquefied Natural Gas Terminal still drags on, and the Norwegian government has announced plans to increase fossil fuel exploration over the next number of years.

In this essay I will outline why yes, states should be held liable for their contribution to the climate crisis, and suggest a method of doing so.

Firstly, why should states be held liable for their contribution to global warming? Many argue that most damage is done to the climate by major corporations or industries in general, e.g. the oil industry, and this is quite true. The Carbon Majors Report of 2010 pinpointed how only 100 fossil fuel companies are responsible for 70% of the world’s greenhouse gas emissions since 1988.

Therefore, some believe that states should not be held accountable for something that is not directly their fault. This is technically true, except climate damage by industries or corporations is legalised and justified by the State in the majority of cases. Also, thanks to the existence of the law, official bodies alone have the power to prevent major damage to the climate via corporations or industry.

States give licenses to fossil fuel companies, for example, for oil and gas exploitation. These are extractive industries that have immensely negative effects on local flora and fauna. These industries also produce massive amounts of waste which is usually only suitable for landfill, and they are directly responsible for an abundance of CO2 and methane in the atmosphere. 

Thus, states are still responsible for negative climate action, and they should be held liable for the simple reason that State decisions are made by elected officials. They are chosen to represent the country on a grander scale and to make sweeping positive changes for their country. Therefore, when they continue to legalise reckless exploitation that will do nigh on irreversible harm to our planet, they must be held liable.

The State is held up by the will of the people, and when the State fails to act in the best interest of the people, the State must be held liable.

Furthermore, states should be held liable for climate damage by the pressure of their citizens. Only a colossal human effort can halt the climate crisis in its tracks, and the widespread demands for change over recent months show that there is a sincere desire for positive action to take place. Democratically elected politicians should never forget that they owe their position to the will of the majority, and defying climate action would be a clear contradiction of what is desired globally at present by the younger generation - their future voters.

On a practical level, the current method of punishing countries for their contribution to global warming is ineffective. Permitting countries to purchase “allowances” that will let them exceed their allowed emissions level means that there are no serious implications for failing to reach targets. For example, the Republic of Ireland is not on track to achieve their 2030 or even 2050 emission targets. The State will be allowed to pay allowances of around €150m, entitling them to miss their targets for what is really a minimal punishment. Consequently, countries face minimal repercussions if they fail to reach their targets, thus providing them with a minimum of motivation. 

Therefore, I believe that states should be held accountable for their crimes to the environment by an overseeing body. Ideally, I believe that a coalition of environmental scientists and lawyers would best oversee an action like his. The United Nations could commission eminent scholars to;

  1. Review current Climate Action Plans and modify them if necessary, in light of recent events.
  2. Create a panel of independent overseers who would monitor each country’s commitment to the amended Climate Action Plan, deciding if they pass or fail the desired action levels every year.
  3. If a country is found to fail on any element of the Plan, they will receive aggressive fines on a yearly basis (the size of which will be proportionate to the economy of the country and its contribution to climate damage). If the damage is severe enough, I would also recommend some form of political exclusion on an international scale, such as restricted access to EU grants if the country is in the EU.

I believe that holding states liable for their contribution to the climate crisis in this manner would result in a genuine desire to take action on state levels. The will of the Irish people has, for example, caused referendums to be held and even eliminated government taxes. It would be wise for states to yield to the calls for climate action that are echoing around the world, and make a lasting impact. 

Having an official body to oversee the action, headed by those who have studied the problem in great detail, would also promote action. The threat of severe punishments for the states that do not take adequate action would be a further motivator for action. 

As Thunberg says, “Our house is on fire - we want you to listen to the science”.

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