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01 / 05
Climate Litigation Can’t Fix the Past, but It Can Hinder the Future

Blog Post | Environment & Pollution

Climate Litigation Can’t Fix the Past, but It Can Hinder the Future

Dealing with climate change requires technological innovation and economic growth, not legal warfare between nations.

Summary: The International Court of Justice has suggested nations could be held liable for historic greenhouse gas emissions, opening the door to lawsuits over centuries of industrial activity. Yet this approach risks punishing the very innovations that lifted billions out of poverty and advanced human health and flourishing. Lasting progress on climate challenges will come not from courtroom battles, but from technological solutions and continued economic development.


The International Court of Justice’s advisory opinion purporting to establish legal grounds that would allow nations to sue one another over climate damages represents judicial overreach that ignores economic history and threatens global development. While the opinion was undeniably legally adventurous, the framework it envisages would be practically unworkable as well as economically destructive.

The ICJ’s ruling suggests countries can be held liable for historical emissions of planet-warming gases. That creates an accounting nightmare that no legal system can resolve. How does one calculate damages from coal burned in Manchester in 1825 versus emissions from a Beijing power plant in 2025? How does one stack up the harm caused by a warming world against the benefits of industrialization?

Britain began large-scale coal combustion during the Industrial Revolution, when atmospheric CO2 concentrations were 280 parts per million and climate science did not exist. Holding Britain liable for actions taken without knowledge of consequences violates basic principles of jurisprudence. The same applies to the United States, whose early industrialization occurred during an era when maximizing economic output was considered unambiguously beneficial to human welfare.

Critics of historical emissions ignore what those emissions purchased. British coal combustion powered textile mills that clothed much of the world, steam engines that revolutionized transportation, and factories that mass-produced goods previously available only to elites. American industrialization followed, creating assembly lines, electrical grids, and chemical processes that form the backbone of modern civilization.

These developments were not zero-sum exercises in resource extraction. They created knowledge, infrastructure, and institutions that benefited everyone. The steam engine led to internal combustion engines, which enabled mechanized agriculture that now feeds 8 billion people. Coal-powered steel production made possible skyscrapers, bridges, and the infrastructure that supports modern cities, where most humans now live longer, healthier lives than their ancestors.

The data on human welfare improvements since industrialization began are explicit. Global life expectancy increased from approximately 29 years in 1800 to 73 years today. Infant mortality rates fell from over 40 percent to under 3 percent. Extreme poverty, defined as living on less than $2.15 per day in purchasing power parity terms, declined from over 80 percent of the global population in 1800 to under 10 percent today.

Nutrition improved dramatically. Caloric availability per person has increased by roughly 40 percent since 1960 alone, while food prices relative to wages fell consistently. Height, a reliable indicator of childhood nutrition, increased significantly across all regions. Educational attainment expanded from literacy rates below 10 percent globally in 1800 to over 85 percent today.

These improvements correlate directly with energy consumption and industrial development. Countries that industrialized earliest experienced these welfare gains first, then transmitted the knowledge and technology globally. The antibiotics developed in American and European laboratories now save lives worldwide. The agricultural techniques pioneered in industrialized nations now feed populations that would otherwise face starvation.

The International Court of Justice’s liability framework threatens to undermine the very mechanisms that created these welfare improvements. Innovation requires investment, which requires confidence in property rights and legal stability. If successful economic development subjects countries to retroactive liability, the incentive structure tilts away from growth and toward stagnation.

Consider current developing nations. Under this legal framework, should India or Nigeria limit their industrial development to avoid future liability? Should they forgo the coal and natural gas that powered Western development? That creates a perverse situation where the legal system penalizes the exact processes that lifted billions from poverty.

The framework also ignores technological solutions. The same innovative capacity that created the Industrial Revolution is now producing renewable energy technologies, carbon capture systems, and efficiency improvements that address climate concerns without sacrificing development. Market incentives and technological progress offer more promise than legal blame assignment.

Which emissions count as legally actionable? All anthropogenic CO2 remains in the atmosphere for centuries, making every emission since 1750 potentially relevant. Should liability begin with James Watt’s steam engine improvements in 1769? With the first coal-fired power plant? With Henry Ford’s assembly line? The temporal boundaries are arbitrary and politically motivated rather than scientifically determined.

Similarly, which countries qualify as defendants? The largest current emitters include China and India, whose recent emissions dwarf historical American and British totals. China alone now produces more CO2 annually than the United States and Europe combined. Any coherent liability framework must address current emissions, not just historical ones.

And where would the money go? This aspect of the case was brought up by Vanuatu. If the island nation receives compensation from the UK and the US, should it not be obliged to pay the British and the Americans for a plethora of life-enhancing Western discoveries, including electricity, vaccines, the telephone, radio, aviation, internet, refrigeration, and navigation systems?

Climate adaptation and mitigation require technological innovation and economic growth, not legal warfare between nations. The countries that industrialized first possess the technological capacity and institutional knowledge to develop solutions to today’s problems. Channeling resources toward litigation rather than innovation represents a misallocation that benefits lawyers while harming global welfare.

The ICJ opinion reflects wishful thinking rather than practical policy. Legal frameworks cannot repeal economic reality or reverse the historical processes that created modern prosperity. Instead of seeking retroactive justice for emissions that enabled human flourishing, policymakers should focus on technologies and institutions that sustain development while addressing environmental concerns. The alternative is a world where legal systems punish success and innovation while offering nothing constructive in return.

The original version of this article was published in National Review on 8/12/2025.

Blog Post | Water & Sanitation

If You Think New York City Life Is Bad Now

A grim tour of preindustrial New York

Summary: Many people today feel that life in New York has become uniquely difficult. Some imagine that the city was cleaner, safer, and more livable in the distant past. Historical reality tells a different story: Preindustrial New York was marked by extreme filth, unsafe water, rampant disease, pervasive poverty, and living conditions that made everyday life harsh and dangerous compared to contemporary times.


Discontent fueled the 2025 New York City mayoral election and Zohran Mamdani’s victory. A common theme echoed across the five boroughs: New York is a hard place to live. “We are overwhelmed by housing costs,” said Santiago, a 69-year-old retiree, outside a Mamdani rally. Those opposed to Mamdani had their own complaints. María Moreno, a first-time voter from the Bronx who supported Andrew Cuomo, lamented, “Now everything’s dirty, and our neighborhood does not feel safe.”

Today’s voters have legitimate grievances. The city’s housing costs, quality-of-life issues, and perceptions of disorder weigh heavily on residents’ minds. But it’s important to keep things in perspective. Different voters may romanticize different eras, but many seem to share a sense that if they could travel back far enough in time, they’d find a New York that was once clean, safe, and affordable. When Americans were polled in 2023, almost 20 percent said that it was easier to “have a thriving and fulfilling life” hundreds of years ago. Across the country, as one writer put it, people are engaged in an “endless debate around whether the preindustrial past was clearly better than what we have now.” In fact, Mamdani’s politics are grounded in an ideology that first arose from the frustrations of the early industrial era.

If Americans could go back in time to preindustrial New York City, however, they’d likely be horrified and possibly traumatized. Despite today’s real challenges, most New Yorkers would not trade places with their predecessors.

Long before the rise of factories and industry, New York City was a bustling port, founded by the Dutch as New Amsterdam in order to trade furs in the early seventeenth century. As early as 1650, local authorities enacted an ordinance against animals roaming the streets to protect local infrastructure—but to no avail. Then, in 1657, according to the Dutch scholar Jaap Harskamp:

New Amsterdam’s council attempted to ban the common practice of throwing rubbish, ashes, oyster-shells or dead animals in the street and leave the filth there to be consumed by droves of pigs on the loose. When the English took over the colony from the Dutch, pigs and goats stayed put. . . . Pollution persisted. The streets of Manhattan were a stinking mass. Inhabitants hurled carcasses and the contents of loaded chamber pots into the street and rivers. Runoff from tanneries where skins were turned into leather flowed into the waters that supplied the shallow wells. The (salty) natural springs and ponds in the region became contaminated with animal and human waste. For some considerable time, access to clean water remained an urgent problem for the city. . . . The penetrating smell of decomposing flesh was everywhere.

Into the early twentieth century, urban living in the United States felt surprisingly rural and agrarian, with an omnipresent reek to match. As late as the mid-nineteenth century, pigs roamed freely through New York City streets, acting as scavengers, and nearly every household maintained a vegetable garden, often fertilized with animal manure.

Indoor air quality was no better. A drawing from Mary L. Booth’s History of the City of New York depicts a seventeenth century New Amsterdam home with smoke from the fireplace swirling through the room. Indoor air pollution remains a serious problem today in the poorest parts of the world, as smoke from hearths can cause cancer and acute respiratory infections that often prove deadly in children. One preindustrial writer railed against the “pernicious smoke [from fireplaces] superinducing a sooty Crust or furr upon all that it lights, spoyling the moveables, tarnishing the Plate, Gildings and Furniture, and Corroding the very Iron-bars and hardest stone with those piercing and acrimonious Spirits which accompany its Sulphur.”

That said, before industrialization, though inescapable filth coated the interiors of homes, the average person owned few possessions for the corrosive hearth smoke and soot to ruin. By modern standards, New Yorkers—like most preindustrial people—were impoverished and lacked even the most basic amenities. According to historian Judith Flanders, in the mid-eighteenth century, “fewer than two households in ten in some counties of New York possessed a fork.” Many were desperately poor even by the standards of the day and could not afford housing. One 1788 account lamented how in New York City, “vagrants multiply on our Hands to an amazing Degree.” Charity records suggest that the “outdoor poor” far outnumbered those in almshouses.

Water quality was infamously awful. In seventeenth-century New Amsterdam, as Benjamin Bullivant observed, “[There are] many publique wells enclosed & Covered in ye Streetes . . . [which are] Nasty & unregarded.” A century later, New York’s water remained as foul as Bullivant had described. Visiting in 1748, the Swedish botanist Peter Kalm noted that the city’s well water was so filthy that horses from out of town refused to drink it. In 1798, the Commercial Advertiser condemned Manhattan’s main well as “a shocking hole, where all impure things center together and engender the worst of unwholesome productions; foul with excrement, frogspawn, and reptiles, that delicate pump system is supplied. The water has grown worse manifestly within a few years. It is time to look out [for] some other supply, and discontinue the use of a water growing less and less wholesome every day. . . . It is so bad . . . as to be very sickly and nauseating; and the larger the city grows the worse this evil will be.”

In 1831, a letter in the New York Evening Journal described the state of the water supply:

I have no doubt that one cause of the numerous stomach affections so common in this city is the impure, I may say poisonous nature of the pernicious Manhattan water which thousands of us daily and constantly use. It is true the unpalatableness of this abominable fluid prevents almost every person from using it as a beverage at the table, but you will know that all the cooking of a very large portion of the community is done through the agency of this common nuisance. Our tea and coffee are made of it, our bread is mixed with it, and our meat and vegetables are boiled in it. Our linen happily escapes the contamination of its touch, “for no two things hold more antipathy” than soap and this vile water.

In 1832, New York experienced a devastating outbreak of cholera, a bacterial disease that typically spread through contaminated water and killed with remarkable speed. A person could wake up feeling well and be dead by nightfall, struck down with agonizing cramps, vomiting, and diarrhea. The epidemic killed about 3,500 New Yorkers.

The initial actions taken to protect city water supplies were often private in nature. In fact, throughout the eighteenth and early nineteenth centuries, private businesses generally supplied urban water infrastructure. Despite such efforts, drinking water remained generally unsafe, even after industrialization, until the chlorination of urban water supplies became widespread.

The pervasive grime took a visible toll on New Yorkers. Between drinking tainted water, eating contaminated food, inhaling smoke-filled air, and living with poor hygiene, the average resident sported visibly rotten teeth. One letter from 1781 described an acquaintance: “Her teeth are beginning to decay, which is the case with most New York girls, after eighteen.”

The dental practices of the time were often as horrifying as the effects of neglect. The medieval method of using arsenic to kill gum tissue, providing pain relief by destroying nerve endings, remained common until the introduction of Novocain in the twentieth century. As late as 1879, the New York Times ran a story with the headline “Fatal Poison in a Tooth; What Caused the Horrible Death of Mr. Gardiner. A Man’s Head Nearly Severed from His Body by Decay Caused by Arsenic Which Had Been Placed in One of His Teeth to Deaden an Aching Nerve—an Extraordinary Case.” The story detailed the gruesome demise of a man in Brooklyn, George Arthur Gardiner, who died “in great agony, after two weeks of indescribable suffering.”

Preindustrial New York City wasn’t uniquely miserable for its time. Life was harsh everywhere, and cities around the world contended with the same foul smells, filth, poor sanitation, and grinding poverty. Rural villages were no better. Peasant families often brought their livestock indoors at night and slept huddled together for warmth. In many cases, rural peasants were even poorer than their urban counterparts and owned fewer possessions. Farm laborers frequently suffered injuries and aged prematurely from backbreaking work, while fertilizing cesspits spread disease and filled the air with an inescapable stench.

Though they may have been slightly better off than their rural counterparts, the struggles of early New Yorkers are worth remembering. However daunting the problems of today may seem, a proper historical perspective can remind us of how far we’ve come.

This article was originally published in City Journal on 1/13/2026.

Bloomberg | Poverty Rates

Poverty in Argentina Fell to Lowest Since 2018 Under Milei

“Poverty in Argentina fell to the lowest level since the first half of 2018 in another victory for President Javier Milei, even as the disinflation process stalls.

In the second half of 2025, 28.2% of Argentines lived in poverty, down from 31.6% in the first half, according to data published Tuesday by Argentina’s statistics agency.

A combination of Milei’s austerity and a tightly controlled currency thwarted the pace of price increases in the second half of the year, combined with boosts to some social welfare spending, helping to bring more people out of poverty. The rate is defined locally as incomes that can afford the cost of a basic basket of goods and services.”

From Bloomberg.

Wall Street Journal | Wealth & Poverty

They’re Rich but Not Famous—and They’re Suddenly Everywhere

“The number of Americans worth tens of millions and hundreds of millions of dollars has boomed in the past few decades, thanks to a rising stock market, lucrative private investments and swelling valuations for small and midsize businesses. This growing class is now a huge force in the economy, driving the demand for everything from lavish hotel rooms to private jet travel.”

From Wall Street Journal.

Euronews | Economic Growth

Uzbekistan GDP per Capita Reached €3,220 in 2025

“Uzbekistan’s gross domestic product (GDP) exceeded €133bn in 2025, placing the country among the world’s 60 largest economies, according to estimates from the International Monetary Fund, cited by President Shavkat Mirziyoyev in his year-end address. Nine years ago, Uzbekistan’s economy was valued at around €56bn, showing steady expansion over the past decade.

Economic growth has been accompanied by higher household incomes. According to President, GDP per capita reached €3,220 in 2025, compared with €1,750 in 2017.

President Mirziyoyev said that in 2025, about five million people gained a stable income, while at the same time, 1.5 million people moved above the poverty line.

Rising incomes have increased consumer spending. Five years ago, residents purchased around 210,000 apartments and 600,000 cars per year. In 2025, these figures rose to 270,000 homes and one million vehicles, reflecting stronger demand in the housing and automotive markets.”

From Euronews.