A Review of Andrew Guzman’s Overheated

I read my friend Andrew Guzman's book Overheated: The Human Cost of Climate Change with great interest because I know Guzman is exceedingly capable at communicating complex ideas in an accessible format. He's done that throughout his career, and Overheated is no exception. Like Hari Osofsky, I commend the book to our readers. Before you teach...

[Hari M. Osofsky is an Associate Professor at the University of Minnesota School of Law.] Andrew Guzman’s new book, Overheated: The Human Cost of Climate Change, does an excellent job of explaining in an accessible fashion the devastating consequences of climate change for people, especially the world’s poorest people.  The focus of this book is on bridging the gap between expert knowledge and popular understanding in order to catalyze needed mitigation.  Its great strength is that it does so without minimizing the complexity and intertwined character of the problem.  Rather, it shows how the simultaneity of climate change’s impacts and of their interaction with underlying resource scarcity and political tensions will likely have devastating human consequences even in relatively conservative scenarios of these impacts. Each chapter builds upon the previous one in portraying climate change’s human costs.  The introductory chapter likens the problem of climate change to the game of “Kerplunk,” in which one removes sticks holding up marbles and tries to win by minimizing how many marbles fall during one’s turn.  The difficulty is that the farther one gets in the game, the harder it is to prevent the marbles from falling and to limit the risks of the removal of each subsequent stick.  The book proceeds to show how late we are in our game of “Kerplunk,” outlining the harm that climate change has already done and how that pales in the face of the harm that is very likely to come.  After an initial overview of climate change science, chapters focus on the human consequences of impacts: (1) sea-level rise, severe storms, and forced migration of nation-states and populations; (2) current and future water shortages and our lack of capacity to address them adequately; (3) the risks of armed conflict arising from water shortages and other climate change impacts; and (4) the many resulting health consequences, from increases in known diseases to the growing risks of evolving pathogens and global pandemics. The book concludes with a discussion of solutions.  It analyzes ways to set a carbon price effectively, and cautions against relying on solutions like geoengineering or waiting for an increased future capacity to address the problem effectively. The book’s focus on the human face of climate change is an important contribution to the literature because it helps make the case for why we need to act to address the problem.  It compiles a wide range of existing information on climate change and puts it together in an engaging way that a reader without a technical or legal background could understand.  Each chapter interweaves geopolitics and historical examples with the problem of climate change and how it is likely to worsen.  This approach helps the book contextualize its argument, showing how climate change fits within a complex global context. This book is explicit in its primary focus on describing the human problems rather than on solving them.  However, in this review, I would like to continue where the book left off by suggesting two implications of Guzman’s exposition for potential solutions. 

I usually defer to An and Jessica's (excellent!) work in flagging international law-related conferences and events.  But, I wanted to call particular attention to a conference I just learned about that Duke Law School is co-hosting with the University of Geneva next month at the Duke-Geneva Institute of Transnational Law on the Role of Opinio Juris in Customary International Law.  The...

On 11 June 2013, Judge Sanji Mmasenono Monageng asked the Presidency to excuse her from the Appeals Chamber concerning the recent denial of Libya's admissibility challenge to the case against Saif Gaddafi, which Libya is appealing. Judge Monageng's request was based on her previous participation (as Presiding Judge) in the Pre-Trial Chamber's decision to issue an Arrest Warrant for Saif...

I have refrained from weighing in on the recent scandal at the ICTY concerning a letter written by the Danish judge, Frederik Harhoff, that accuses the President of the Tribunal, Judge Theodor Meron, of pressuring his fellow judges into acquitting high-profile defendants such as Gotovina and Perisic. I have done so not because the scandal isn't worth mentioning, but because...

Calls for Papers The Antonio Cassese Initiative for Justice, Peace and Humanity is inviting students and young professionals born after July 1, 1983 to hand in an abstract on a subject dealing with new perspectives in international criminal law. The abstract should be submitted by July 1, 2013 and should be limited to 400 words. Five abstracts will be selected, setting...

[Dr. Elizabeth A. Wilson is Assistant Professor at the School of Diplomacy and International Relations at Seton Hall University.] In the “Insta-Symposium” conducted here after the Supreme Court’s Kiobel decision, Peter Spiro linked to a piece by Samuel Moyn about Kiobel posted on the Foreign Affairs website and said he was “sympathetic” with Moyn’s conclusion that "human rights advocates would be better served to abandon the ATS, even to the extent that Kiobel leaves the door open.” Not willing to go quite so far as Moyn in celebrating the ATS’s demise, Spiro nonetheless said, “pressing corporate social responsibility norms may not lend itself to the same sort of sexy clinical offerings as the ATS, but it may be better preparation for today's real world of human rights practice.” These criticisms connect with important debates happening now concerning the “legalization” of human rights and the ability of human rights to offer “a real politics of change,” in Beth Simmons’ words, so it is important to see what lessons the Kiobel case  and its underlying facts really teach. For those not specialized in human rights, Moyn is a professor of history at Columbia who wrote a book called The Last Utopia in which he argued for a revisionist account of human rights history, stressing the discontinuity of human rights-- imagined as they are today as a feature in an international legal system -- with a host of ideas and events usually taken as antecedents, including the Universal Declaration of Human Rights, the American Declaration of Independence, and the French Declaration on the Rights of Man and the Citizen. In his Foreign Affairs post on Kiobel, Moyn folds the ATS into this iconoclastic revision of human rights history, stating that the “ATS strategy” favored by American human rights lawyers "resulted in a narrow approach [i.e., a legal approach] that marginalized other options,” doing nothing “to address underlying political and economic problems.”  "Far better," he opines,” to move onto other ways of protecting human rights – less centered on courts, less rushed for quick fix, less concerned with spectacular wrongs to individuals and more with structural evils, and less disconnected from social movements abroad.”  Moyn asserts that “[t]here is little evidence…that the wave of ATS litigation has put a dent in the world’s suffering,” though he provides no evidence to support this claim.

The U.S. Government has finally confirmed what other nations, and certain UN investigators, have been saying for weeks: the Syrian government has been using chemical weapons against the rebel opposition in its ongoing civil war and that at least 100 individuals have been killed. And the White House also repeats a version of the "red line" language President Obama first...

[James G. Stewart is an Assistant Professor at the University of British Columbia. He is also presently a Global Hauser Fellow at New York University School of Law.] Last week, Kevin Heller posted an insightful and provocative defense of the “specific direction” standard for aiding and abetting the ICTY has newly announced in the Perišić and Stanišić cases. Although I believe that his arguments fall well short of justifying the conclusion he endorses, his argument intelligently brings together many of the intuitions that seem to have shaped this new definition of complicity. It is also a credit to Kevin that he agreed to post my earlier two-part criticism of this novel definition of complicity here and here despite harboring contrary intuitions, and that he generously welcomed this further response now. All of this out of an obvious commitment to even-handedness and frank debate. But with praise for my friend aside, let me move to criticize aspects of his argument that I believe defend the indefensible.  

At the outset, I am concerned by the structure of Kevin’s reasoning. Kevin (and apparently the ICTY judges he supports) seem to reason inductively, taking the putative innocence of weapons transfers by American and British governments to Syrian rebels as a point of departure. Although I’m sure Kevin just means to use a well-known contemporary example to illustrate his concerns, the optics are bad for him and the ICTY—by backing into this issue with the a priori assumption that American and British practices are necessarily beyond reproach, the reasoning risks substantiating views (so common now among African leaders and TWAIL scholars) that the discipline is structurally biased. To preserve the impartiality and therefore legitimacy of international criminal law, surely we should start with a morally defensible concept of complicity, then let responsibility attach where it may. Otherwise, the new “specifically directed” test speaks to darker problems that infect the entire system.

[Michael W. Lewis is a Professor of Law at Ohio Northern University where he teaches International Law and the Law of War.]  Something interesting and I believe significant, happened on Saturday.  The Pakistani Foreign Ministry summoned the US Charge d’Affaires and formally protested the continuance of drone strikes on Pakistani territory. Pakistan protests drone strike; US CdA summoned (2013-06-08) On the Prime Minister’s instructions, the...