·The Hindu·15 marks·250–350 wordsEnvironmentIR

Discuss the ethical basis for holding distant states and corporations responsible for climate-linked disasters.

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In this answer
  1. Ethical basis: distant states
  2. Ethical basis: corporations
  3. Limits of the ethical claim

The August 2026 Himalayan cascade that left thousands dead or missing in Nepal [1], aggravated by rapid warming [2], exposes an ethical gap: those who suffer did not cause the harm. Responsibility must therefore rest on justice, not proximity.

Ethical basis: distant states

  • No-harm duty: distance does not dilute responsibility. Rio Principle 2 makes States responsible for ensuring their activities do not damage others [3]; the ICJ (2025) held that inadequate action on emissions, including fossil-fuel subsidies, may be an internationally wrongful act requiring reparation [4].
  • Corrective justice: communities that contributed least suffer disproportionately; flood, drought and storm mortality was 15 times higher in highly vulnerable regions during 2010–20 [5].
  • Equity and capacity: CBDR (Rio Principle 7) ties duty to States' different contributions and to the resources developed countries command [3].
  • Dignity: M.K. Ranjitsinh (2024) grounded a right against climate harm in Articles 14 and 21 [6]; a life's worth cannot vary with nationality.

Ethical basis: corporations

  • Polluter pays: Rio Principle 16 favours internalising environmental costs [3]; profits cannot stay private while damage is socialised.
  • Responsibility to respect: UN Guiding Principles expect firms to avoid causing or contributing to human rights harm and to remedy it [7].
  • Foreseeability: once harm is known, continued emission is a moral choice, not an accident.
  • Home-state duty: States must effectively regulate private actors [8], so corporate and state blame overlap.

Limits of the ethical claim

  • Diffused causation: countless emitters contribute, so apportioning one defendant's share is difficult; law usually demands direct, proximate harm.
  • Mixed causes: Nepal's disaster began as a rock-ice collapse [1]; geology, settlement and warning systems also shape loss, favouring proportionate blame.
  • Development needs: CBDR justifies differentiated, not uniform, duties for poorer emitters [3].
  • Treaty gap: Decision 1/CP.21 says Paris Article 8 provides no basis for liability or compensation [9]; moral duty outruns law.

Thus no-harm, corrective equity and polluter-pays make distance morally irrelevant, while shared causation demands proportionate blame. Adequately funded loss-and-damage support and binding corporate due diligence can convert this duty into climate justice, advancing SDG 13 and constitutional equality.

Sources

  1. 1ICIMOD, Kyirong-Rasuwa Flood 2026rock-ice collapse origin; dead and missing in Nepal
  2. 2World Weather Attribution, "Rapid Warming in the Himalaya Exacerbates Geohazard Cascades Beyond Adaptation Limits" (Asia listing)warming as an aggravating factor
  3. 3Rio Declaration on Environment and Development, A/CONF.151/26 (Vol. I), Annex I (1992)Principles 2, 7 (CBDR) and 16 (polluter pays)
  4. 4ICJ, Obligations of States in respect of Climate Change, Advisory Opinion of 23 July 2025 (case page)wrongful act and reparation
  5. 5IPCC AR6 Synthesis Report, Summary for Policymakers (2023)disproportionate impact; mortality comparison
  6. 6Supreme Court of India, M.K. Ranjitsinh v. Union of India, 2024 INSC 280right against adverse effects of climate change under Articles 14 and 21
  7. 7OHCHR, Guiding Principles on Business and Human Rights (2011)corporate responsibility to respect and remedy
  8. 8OHCHR, UN experts welcome ICJ recognition that all States must protect the climate system (July 2025)effective regulation of private actors
  9. 9UNFCCC, Decision 1/CP.21, FCCC/CP/2015/10/Add.1para 51: Article 8 provides no basis for liability or compensation
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