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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 Conversation | Agriculture

Agricultural Drones Are Saving Farmers Time and Money Globally

“We estimated the number of agricultural drones operating in some of the world’s leading agricultural countries by scouring online news and trade publications in many different languages. This effort revealed where agricultural drones have already taken off around the world.

Historically, most agricultural technology – tractors, for example – has spread from high-income countries to middle- and then lower-income ones over the course of many decades. Drones partially reversed and dramatically accelerated this pattern, diffusing first from East Asia to Southeast Asia, then to Latin America, and finally to North America and Europe. Their use in higher-income regions is more limited but is accelerating rapidly in the U.S. 

China leads the world in agricultural drone manufacturing and adoption. In 2016, a Chinese company introduced the first agriculture-specific quadcopter model. There are now more than 250,000 agricultural drones reported to be in use there. Other middle-income countries have also been enthusiastic adopters. For instance, drones were used on 30% of Thailand’s farmland in 2023, up from almost none in 2019, mainly by spraying pesticides and spreading fertilizers.

In the U.S., the number of agricultural drones registered with the Federal Aviation Administration leaped from about 1,000 in January 2024 to around 5,500 in mid-2025. Industry reports suggest those numbers substantially underreport U.S. drone use because some owners seek to avoid the complex registration process. Agricultural drones in the U.S. are used mainly for spraying crops such as corn and soy, especially in areas that are difficult to reach with tractors or crop-dusting aircraft.

In countries such as China, Thailand and Vietnam, millions of smallholder farmers have upgraded from the dangerous and tiring job of applying agrochemicals by hand with backpack sprayers to using some of the most cutting-edge technology in the world, often using the same models that are popular in the U.S.”

From The Conversation.

Mongabay | Food Production

Heat-Resistant Seeds Offer Restoration Lifeline in Brazil

“Fire-resistant seeds offer promise, at a low cost, for restoring areas devastated by burning in Brazil’s Cerrado savanna, a project by biologist Giovana Cavenaghi Guimarães shows.

Guimarães, a doctoral candidate at São Paulo State University (UNESP), focused on five species of Cerrado-native seeds, including jatobá (Hymenaea courbaril), amendoim-bravo (Pterogyne nitens), mulungu (Erythrina mulungu) and canafístula (Peltophorum dubium). All are naturally adapted to extreme heat.

According to Guimarães, these plants can survive in adverse conditions such as the high temperatures caused by wildfires, which makes their seeds ideal for environmental recovery after such events. The species also have a greater germination capacity: on average, 99% of seeds develop into trees…

According to Guimarães, planting seeds of these native fire-resistant species can be a solution to recover large areas destroyed by wildfires, especially in the Cerrado, the Brazilian biome that burns the most. Data from INPE, Brazil’s national space agency, showed 46.8% of all fire outbreaks recorded in the country in the first 10 months of the year — almost 50,000 — occurred in the Cerrado.”

From Mongabay.

Blog Post | Human Development

A Feast of Human Progress and Abundance

Let’s give thanks for how far we’ve come since the time of the Pilgrims.

Summary: A family group chat about Thanksgiving dinner reflects centuries of extraordinary advancement. The same journey that once separated families by months can now be made in hours. A meal that was once a rare luxury has become highly affordable. From instant communication to abundant food, everyday conveniences serve as a reminder that human ingenuity has transformed hardship into prosperity.


Two weeks before Thanksgiving, my sister sent a link to our family group chat. It wasn’t an RSVP form; it was closer to an online wedding gift registry. All the Thanksgiving classic foodstuffs were on the list—turkey, honey baked ham, mashed potatoes, gravy, stuffing, cranberry sauce, candied yams, green bean casserole, pumpkin pie, and more—each with a sign-up slot to commit to bringing the goods. This brief interaction represented numerous aspects of human progress, and I paused to take it in with awe and gratitude.

For one, I live in Boston, not far from where the original Thanksgiving Pilgrims settled in Plymouth, while my family lives in Los Angeles. The distance between us is almost identical to the distance between Britain and the New World, roughly 3,000 miles across land instead of ocean. Yet, the majority of Pilgrims never returned home and never even had the opportunity to stay in contact with the world they left behind. A letter across the Atlantic would cost days’ worth of wages and take months to arrive, if it found safe passage at all.

By the time the first Americans began settling in California in the 1840s, locomotives and the telegraph had been invented, but no transcontinental systems had yet been established. Most westward settlers knew they were signing up for a one-way journey taking many months, with high rates of death and disease. If they could maintain any contact with family on the other side of the continent, messages would take weeks via stagecoach. Even the extraordinarily speedy and expensive Pony Express system—with riders galloping nonstop at full speed, exchanging horses every 10-15 miles, and exchanging riders once or twice a day—still took 10 days to deliver messages across the country.

By the time the first transcontinental telegraph line was established in 1861, messages took minutes rather than weeks but were extraordinarily expensive—nearly a day’s average wage per word. Messages had to be brief and were largely reserved for the government, the military, and the ultra-wealthy. However, a decade later, the first transcontinental railroad was established, which, with the adoption of standardized domestic postage, meant most Americans could afford to send letters across the country and have them arrive within a week. Travel between Los Angeles and Boston became possible but still took weeks and cost several weeks’ worth of average wages.

Innovation accelerated even more rapidly during the 20th century with the invention and commercialization of telephones and air travel. By 1950, the luxuries of traveling between coasts in six hours and communicating across coasts in real time became possible. But these new services were still extraordinarily expensive. Transcontinental flights, both then and now, cost around $300; however, adjusted for inflation, a $300 flight in 1950 corresponds to well over $3,000 in today’s dollars. Likewise, while modern phone plans offer unlimited texts and calls for the equivalent of a few hours of the average minimum wage per month, transcontinental phone calls in the 1950s cost over $2.00 per minute, or over $27 per minute in today’s dollars. Only in the last 30 years, thanks to the economic engine of progress, did it become affordable for the average American to call long-distance for hours.

The technologies enabling long-distance communication and travel have improved immeasurably from the time of the Pilgrims.  That alone is reason enough to be thankful. But besides the amazing pocket-sized supercomputers and the satellite infrastructure that made my family’s group message possible, our exchange hinted at another amazing development that people often take for granted: food abundance.

My father grew up in a small Palestinian village in northern Israel, where most people were farmers. He was one of nine siblings and told stories of how chickens were slaughtered only on special occasions—red meat even rarer. A single bird was shared among a dozen people. “You were lucky if you got a drumstick,” my father said. Everything from feeding to slaughtering and plucking was done by hand. And without refrigeration, the meal had to be eaten at once.

By contrast, in the United States today, food is so cheap and plentiful that several relatives can volunteer to bring a whole turkey. At my local supermarket, frozen birds were recently on sale for $0.47 per pound. A 15-pound turkey, enough to feed a family, costs less than an hour’s minimum wage.

I am grateful for the world of superabundance, which has improved our lives and Thanksgiving holidays beyond what our ancestors could have dreamed. The fact that these interactions are commonplace enough to be taken for granted—communicating in real time across vast distances, flying across the country or around the world in hours, earning enough calories with a day’s wages to feed a family for a week—make our story of progress all the better.

This Thanksgiving, take a moment to consider how life has improved since the time of the Pilgrims. The food on your plate, the technology in your pocket, and the family who traveled long distances to be at the table were all made possible thanks to generations of compounding progress.

Cato Institute | Food Prices

Thanksgiving Abundance in 2025

“Putting together the Thanksgiving dinner cost from the Farm Bureau and median weekly earnings back to 1986, we see perhaps a shocking trend for many weary grocery shoppers: 2025 is the most affordable year for the median worker to buy Thanksgiving dinner. It is much more affordable than in the past three years, and it even slightly beats 2020—that very weird year in our lives and for economic data, which had held the previous affordability record. Gale Pooley performs a similar analysis at Human Progress using a different measure of income (blue-collar worker wages) and finds a similar trend with 2025’s Thanksgiving meal requiring the fewest hours of work to purchase it.

Where can you find this mythical $55 dinner? If you think that doesn’t sound quite right, it may be due to where you live. The Farm Bureau reports that in the Northeast and West regions, the meal was over $60, while the South region was the cheapest at $50. Regardless of where you live, have no fear, the free market is working hard to deliver you an affordable meal. Thanks to our competitive grocery store market, retailers across the country are putting together meal plans for you, allowing you to feed your family for somewhere in the range of $4–$5 per person—very similar to the Farm Bureau survey (which is about $5.50 per person).”

From Cato Institute.