Kumie Hattori

This paper explores the theoretical basis of the third party’s duty of justice as to grave human rights violations, presenting role obligations as the best complement to the literature. It begins with discussions on agents of justice in duty-based theories, notably O’Neill’s account on global justice, and rights-based theories, which are both included in the institution-centred perspective. I claim that these studies have failed to consider an individual duty bearer’s motive, autonomous reasoning and integrity in relation to justice, all of which constitute serious lacunae for the effective accomplishment of responsibility. To supplement, I introduce the distinction between responsibility and commitment, and acknowledge that combining the two is the desirable condition for recognising the duty of justice. Finally, I argue that the role obligations undertaken through personal acceptance of an institution-based role or a commitment-based role related to human rights norms adequately explain third parties’ duty to protect others from serious harm.

The literature on climate justice has primarily focused on distributing the benefits and burdens of climate change, particularly those related to the costs of mitigation and adaptation. As such, less attention has been paid to emerging political issues surrounding loss and damage caused by the failure of mitigation and adaptation. This paper aims to fill this gap through discussions on reparative justice, which is correlated with the concept of liability. Since the concept of liability has controversial implications in climate politics and theory, investigating reparative justice for climate damage must clarify how the concept of liability can reconcile with the normative theory of political responsibility. This paper begins with the question of how the distributive justice scheme fails to discuss climate damage, by arguing that the scheme does not necessarily recognise a prior injustice and misses the need for reparation for the extensive scope of climate loss and damage. Then, it shows that the concept of reparation, which differs from compensation, holds more promise in giving the proper due for climate loss and damage. Finally, after comparing the liability model and the shared responsibility model proposed by Iris Young, this paper concludes by proposing that the hybrid model of liability and shared responsibility can be used to avoid limitations of the concept of liability.