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Justice Law and Policy

Global Warming, Kyoto, and the EU Experience

I’m not a global warming skeptic. That is, I accept the general scientific consensus that there has been anthropogenic global warming over the past century.

I am, however, a skeptic of alarmist projections about the dangers of global warming. The consensus views reflected in the reports produced by the International Panel on Climate Change present a range of scenarios ranging from moderate to severe. No one is anywhere near certain that the “severe” scenarios will obtain. In particular, no one knows what sorts of technologies will develop over the next one hundred or so years to mitigate any negative effects of warming. Nevertheless, because we are supposed to be good stewards of the creation and because the negative effects of global warming are unpredictable, I believe it’s wise to take reasonable measures to reduce the emission of greenhouse gas pollutants.

Even more than my skepticism about alarmist predictions, however, I am skeptical of efforts like the Kyoto treaty to create an international greenhouse gas regulatory regime. The European Union’s effort to implement Kyoto, I think, is informative.

The biggest problem with the EU system is that the supply side is decentralized, which allows individual member states and their constituent industries to game the system. In the EU system, a central authority designates the industrial sectors that will be subject to the trading scheme, but each member state is free to allocate allowances from a national allowance budget to affected industries within their borders. As a result (a) supply doesn’t respond efficiently to demand; and (b) strong local industries can capture the national allocation process. (For a good summary of the EU experience, see this report.

This centralized demand / decentralized supply aspect of the EU system makes it very different than most of the cap and trade programs tried in the U.S. The U.S. experiments have been ones in which the same central authority identifies target industries and allocates the tradeable credits, establishing a more unified and efficient market. My understanding is that, while some of the U.S. experiments have succeeded in reducing target emissions, Phase I of the EU program under Kyoto has seen no net reductions in CO2 emissions.

A full-on implementation of Kyoto would make the EU decentralization problem look like child’s play — unless there were a central authority of sufficient strength to regulate both demand and supply of credits. I think the prospect of ceding national sovereignty to such a central authority is the heart of the issue concerning Kyoto or a Kyoto-like regime. Anyone who wants to propose a global cap and trade program must answer this question of sovereignty. I think it’s awfully difficult to argue that the precautionary principle as applied to the current science on global warming justifies devolving sovereignty to an unelected international body comprised of countries like China, Russia, and France.

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Justice

Year-End Giving: Justice

If you are thinking about year-end charitable giving, let me highlight one organization that I think exemplifies Kingdom values: International Justice Mission. IJM works to bring freedom and justice to child slaves, sex workers, and other exploited people around the world. I read IJM founder Gary Haugen’s book, Good News About Injustice, in an airport a number of years ago and it brought tears to my eyes. The IJM website also has other great resources on injustice around the world.

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Justice

Memorial Day Peace

This is a picture of my father (center), my uncle, and my aunt in 1945, after Japan surrendered to end World War II. Yesterday we properly honored the sacrifices of the men and women who fought and still fight for our freedom. And we long for peace. Those three children knew nothing then of who they would become and what would happen in the world as they grew older. Peace was followed by the horrors of communist / totalitarian regimes and the cold war, Korea, Vietnam (where that little girl’s future husband would perish), the Gulf War, 9/11, the second Gulf War, and other wars and conflicts around the globe. We know almost nothing of what the next 65 years will hold, but we pray for peace.

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Justice

Engaging Islam

An oganization I support and greatly respect is the Institute for Global Engagement. The IGE is a “think tank” with the goal of fostering theological reflection on and faith-based engagement in international affairs. They publish an excellent journal, The Review of Faith and International Affairs.

I particularly like the IGE’s approach to Islam. Unlike much of American Evangelicaldom, the IGE doesn’t reduce Islam to radical jihadism. At the same time, the IGE’s approach is realistic about the problems of radical Islam and the difficulties inherent in promoting the development of moderate Islamic societies. Some good articles from IGE’s site about this are here, here, and here.

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Schiavo and Judicial Activism

I was listening to the Sean Hannity show on my way into the office this afternoon. He was discussing the Florida District Court’s ruling denying the plaintiffs’ request for a temporary restraining order under the federal statute passed by Congress (the “Schiavo Act”). Hannity stated that he believed the court’s opinion did not even reference the Schiavo Act. He was hammering the federal court’s decision as symptomatic of the arrogance of the judiciary. Senator Rick Santorum came on the Hannity show and claimed the Schiavo Act required the federal court to order the reinsertion of nutrition and hydration tubes pending a full hearing on the merits. Santorum also decried the ruling as an abuse of judicial power. This seems to be the Christian Right’s theme: a National Right to Life Committee spokesman referred to the federal court’s decision as a “gross abuse of judicial power”; Christian Defense Coalition Director Pat Mahoney, quoted in a Focus on the Family article, attributed the federal court’s decision to “an arrogant and activist federal judiciary.”

Unfortunately, all of these comments about judicial activism are wrong.