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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.

The New Indian Express | Health Systems

Drones Reduce TB Diagnosis Cost in India

“Using drones to transport diagnostic samples has significantly reduced both the time and cost of tuberculosis (TB) diagnosis while improving access to testing in remote and underserved areas, according to a latest study by the Indian Council of Medical Research (ICMR).

Conducted under ICMR's flagship i-DRONE initiative, the study found that the median turnaround time for TB diagnosis fell from 15 days to five days after the introduction of drone-based sample transport.

The study also found a sharp reduction in out-of-pocket expenditure (OOPE) for patients seeking a TB diagnosis, with the average cost falling to Rs 91 from Rs 9,451 under the conventional transport system.”

From The New Indian Express.

The Guardian | Health & Medical Care

Brain Implant Helps Paralysed Man to Feed Himself

“A man who was paralysed from the chest down in a swimming accident six years ago has been able to feed himself and drink from a cup thanks to a brain implant that bypasses his spinal cord injury.

Keith Thomas of Massapequa, New York, could not lift his arms off his wheelchair when he agreed to trial the technology in 2021, but after surgery to implant electrodes in his brain and many months of training, he was able to move the limbs again.

Researchers fitted Thomas with a brain-computer interface that not only helped him move his arms and hands, but also sent signals back to his brain to recreate the sensation of touch. He has since been able to feel his sister’s hand and the fur on his pet dog.

Remarkably, the technology appears to have partly rewired Thomas’s nervous system, helping to restore some hand functions and sensations that remain even when the system is switched off.”

From The Guardian.

Blog Post | Cost of Living

Keeping Cool: The Air Conditioner That Changed America

The time price of air conditioning has fallen 98.6 percent since 1952. That ordinary luxury saves lives every summer.

Summary: Air conditioning has transformed extreme heat from a major threat into a manageable challenge, helping save lives, improve productivity, and make hot climates far more livable. Since its invention in the early 20th century, advances in technology and rising prosperity have made cooling dramatically more affordable, with the time required to earn an air conditioner falling by nearly 99 percent since 1952. Differences in air-conditioning adoption help explain why heat-related mortality remains much higher in Europe than in the United States, underscoring the role of innovation, wealth, and energy policy in protecting human wellbeing.


Heatwaves have pushed temperatures to record highs across both Europe and the United States. Yet the human toll between these two locales was dramatically different, with Europe recording more than 10,000 excess deaths in June.

This is a familiar pattern, notes Jack Nicastro:

The United Nations estimates that the European continent accounted for approximately 175,000 heat-related deaths annually between 2000 and 2019. The Environmental Protection Agency, meanwhile, calculates that about 1,300 deaths per year in the US are due to extreme heat. (This translates to four heat-related deaths per million annually in the US and 235 heat-related deaths per million annually across Europe.)

Europe and the US differ in demographics, urban density, reporting methods, and climate patterns. Even so, the death rate due to heat in Europe is 59 times higher than in the US.

In the United Kingdom, only about five percent of homes have air conditioning. In the United States, roughly 93 percent do.

Research identifies 72°F and 45 percent humidity as optimal for maximizing office and mental productivity.

With sweltering temperatures once again gripping much of the world, it is worth appreciating air conditioning — the quiet invention that transforms dangerous heat into manageable discomfort, shields millions from heat-related suffering and death, boosts productivity, and makes once-hostile climates livable. It is a powerful reminder that wealth, innovation, and human ingenuity enable societies to adapt to nature’s extremes and protect human life.

To understand why the US heat death rate is 59 times lower than that of Europe, it helps to begin with a young engineer named Willis Carrier.

The Father of Air Conditioning

Willis H. Carrier was born outside of Buffalo, New York on November 26, 1876, the same day inventor Alexander Graham Bell successfully demonstrated his large box telephone between Boston and Salem, Massachusetts. Carrier was an only child and attended a one-room schoolhouse. When he was nine years old he struggled to grasp the concept of fractions. His mother helped him master the idea using a pot of apples and slicing them into portions. Carrier remembered this event fondly as “the most important thing that ever happened to me.”

Carrier was awarded a full scholarship to attend Cornell University. He majored in engineering, earning a Master’s degree in 1901. After graduation, Carrier accepted a job at the Buffalo Forge Company for $10 a week.

The Sackett & Wilhelms printing plant in Brooklyn, New York was losing money because the sweltering, humid summers caused sheets of paper to absorb moisture from the air. The paper would expand and warp, throwing off the alignment of colored inks on the printed page and ruining entire print runs. They asked the Buffalo Forge Company for help. Carrier was assigned to solve the problem.

He was not trying to cool people. He was trying to save knowledge.

Air conditioning began not as a luxury, but as a technology of information, productivity, and adaptation — a machine that transformed oppressive heat from an economic barrier into a manageable inconvenience.

Carrier’s breakthrough system, in July of 1902, controlled both temperature and humidity, stabilizing the paper and rescuing the precision of mass communication.

Carrier applied for a patent on his invention, an “Apparatus for Treating Air,” which became patent No. 808897 and was issued on January 2, 1906.

On December 3, 1911, Carrier presented what is perhaps the most significant document ever prepared on air conditioning – Rational Psychrometric Formulae – at the annual meeting of the American Society of Mechanical Engineers. It became known as the Magna Carta of Psychrometrics and tied together the concepts of relative humidityabsolute humidity, and dew-point temperature, thus making it possible to design air-conditioning systems to precisely fit the requirements at hand.

In 1915 Carrier and six other engineers formed the Carrier Engineering Corporation using their personal savings of $32,600. Carrier Global Corporation (NYSE: CARR), the parent company of the Carrier HVAC and refrigeration business, has a current market capitalization of approximately $56 billion. This valuation makes it one of the largest climate and energy solutions providers in the world.

“With his new company,” Alexander Hammond notes, Carrier began to expand the use of air conditioning units by supplying hotels, department stores, movie theaters and private homes. His units were even installed in the White House, the US Congress and Madison Square Garden.”

Another overlooked legacy of Carrier’s invention is the birth of the summer blockbuster. Before air conditioning, movie theaters dreaded the hot months — few people wanted to sit in a crowded, sweltering auditorium. That changed in 1925 when the Rivoli Theatre in Times Square installed one of Carrier’s new cooling systems. Crowds flocked in, many as eager for the cool air as for the feature presentation. Almost overnight, summer transformed from Hollywood’s off-season into its most profitable season. Air conditioning didn’t just cool theaters — it reshaped the economics of entertainment and helped create one of America’s most enduring cultural traditions.

When New York City organizers launched the 1939 World’s Fair under the motto “Building the World of Tomorrow,” they sought technologies that would advance human progress and improve everyday life. Few embodied that vision better than modern air conditioning. During the Fair’s first 100 days, nearly 1.3 million visitors toured the striking “Carrier Igloo of Tomorrow.”

Carrier Corp’s Igloo, image from New York Public Library Digital Collections.

Inside, guests learned how air conditioning worked, explored a modern refrigerated food store, and experienced Carrier’s latest self-contained cooling systems — getting a glimpse of a future that would soon make homes, offices, and entire cities more comfortable, productive, and livable.

In 1985, Willis H. Carrier was inducted into the National Inventors Hall of Fame, and in 1998, Time magazine recognized him as one of the 100 most influential people of the 20th century.

By conquering heat and humidity with knowledge, Carrier enlarged the realm of human possibility. His invention transformed sweltering regions into thriving economies, extended human productivity, and brought comfort and prosperity to billions around the world.

One of the great triumphs of entrepreneurial capitalism is how quickly air conditioning traveled the familiar path from luxury to necessity. What began as an expensive convenience for a tiny elite became, within a generation, affordable to ordinary families. The market did not merely invent comfort — it democratized it.

In their report Time Well Spent: The Declining Real Cost of Living in America, Michael Cox and Richard Alm found that a 5,500-BTU air-conditioning unit cost about $350 in 1952. At the time, entry-level workers earned roughly 83 cents an hour, putting the time price at 422 hours.

Today, Walmart sells a far more efficient 6,000 BTU air-conditioning unit (with a remote control) for only $115. The current hourly wage for limited-service restaurant workers is around $19 an hour, putting the time price at six hours.

The time price has decreased by 98.6 percent. For the time it took US workers to earn the money to buy one unit in 1952, they get 70 today.

If air conditioning saves lives, why don’t more Europeans have it?

Europe’s electricity prices are typically much higher than the US, driven by higher taxes, network costs, renewable energy mandates, and energy import dependence. Customers in the US pay 17 to 19 cents per kilowatt-hour (kWh) compared to 25 to 32 cents in Europe. This means Europeans pay roughly 47 to 68 percent more per kWh than US customers.

Americans are also much richer than Europeans. According to World Bank data, American gross domestic product (GDP) per capita was $84,809 in 2024, while the European Union’s was 25 percent lower at $63,585. That $21,224 difference could buy a lot of comfortable cooling.

The European Union also prioritizes environmental targets over human comfort by imposing strict regulations for heating and cooling, making these amenities much more costly. The commission encourages citizens to use fans instead of air conditioning. Imagine the government doing that in Phoenix and Atlanta in July. Italy, Greece, and Spain even announced temperature limits in public spaces during the 2022 heatwave in an effort to meet these environmental objectives. Spain limited air conditioners to be set no lower than 80°F. No wonder European productivity is 38 percent lower than the US.

Historic preservation laws and strict landlord rules frequently ban exterior window units to maintain aesthetic uniformity.

While air conditioning ownership increases households’ electricity consumption, it may be a small price to pay for comfort and avoiding death.

The problem is not the climate but the policy mindset. Too many European regulators approach energy and technology through the ideological lens of scarcity rather than creative innovation and human flourishing. One reason such policies persist is that the officials who design them are largely insulated from the consequences of their decisions and rarely experience their costs directly. Instead, those costs are borne by millions of ordinary citizens.

Air conditioning is not ultimately a story about cooling. It is a story about knowledge. It transformed oppressive heat into comfort, inhospitable regions into thriving communities, and summer misery into year-round productivity. Coal, copper, and electricity become valuable only after humans discover how to harness them. The history of air conditioning is the history of knowledge triumphing over nature’s constraints.

The ultimate resource is neither energy nor matter. It is the infinite capacity of human beings to learn, create, and discover.

This article appeared in The Daily Economy on 7/13/2026.

New York Times | Health & Medical Care

The FDA Approves New Pill to Slash Cholesterol Levels

“The Food and Drug Administration approved a daily pill on Thursday that can lower cholesterol levels far below what can be achieved with statins, the cheap cholesterol-reducing pills.

The drug, enlicitide, whose brand name is Lipfendra, is made by the pharmaceutical company Merck. Clinical trials have shown that it can bring levels of LDL — the dangerous type of cholesterol — down to 50 or 60 or even lower. Adults not taking cholesterol-lowering drugs usually have levels above 100. It works by inhibiting a protein known as PCSK9.

New cholesterol guidelines issued by the American Heart Association and the American College of Cardiology say that people who have an above-average risk of heart attacks or strokes should get their LDL levels below 70. Those at high risk because, for example, they have had a heart attack, should get their LDL below 55.

Lipfendra’s list price will be $315 for a 30-day supply, and it will be available in a few weeks, said a Merck spokeswoman, Julie Cunningham.

There are currently injectable drugs that work in the same way, but they are more expensive, with list prices of $500 to $600 a month or more. Insurers sometimes balk at paying, and some patients do not want injections. Only 1 percent of the six million eligible patients use the injected drugs. Yet a PCSK9 inhibitor can reduce the risk of heart attacks by 20 percent in high-risk patients.

Cardiologists not associated with Merck applauded the F.D.A. approval and the drug’s price. The hope is that a pill that costs less than an injectable and is easier to take will allow many more patients to get their cholesterol levels under control.”

From New York Times.