Climate Change and Damages

2016 ◽  
Author(s):  
Christina Voigt
Keyword(s):  
Climate Change ◽  
Adverse Effects ◽  
International Law ◽  
Public International Law ◽  
International Courts ◽  
Loss And Damage ◽  
Legal Understanding ◽  
Climate Change Damages ◽  
Slow Onset ◽  
Impacts Of Climate Change

This chapter explores the legal understanding of climate change damages in public international law. It shows that international law has been dealing with transboundary damages since its inception. Damages, whether material or immaterial, have been subject to many inter-state disputes presided upon by international courts and tribunals. The United Nations Framework Convention on Climate Change established the Warsaw international mechanism for loss and damage to address loss and damage associated with impacts of climate change, including extreme events and slow onset events, in developing countries that are particularly vulnerable to the adverse effects of climate change, under the Cancún Adaptation Framework. The Warsaw international mechanism is also tasked with the promotion and the implementation of approaches addressing loss and damage associated with those adverse effects. The chapter also describes the growing trend of states who suffer from climate change seeking remedy from other states for their losses.

scholarly journals Loss and Damage from the Impacts of Climate Change: A Framework for Implementation

2016 ◽  
Vol 85 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Birsha Ohdedar
Keyword(s):  
Climate Change ◽  
United Nations ◽  
International Law ◽  
Damage Mechanism ◽  
Critical Questions ◽  
Normative Framework ◽  
Loss And Damage ◽  
The World ◽  
Impacts Of Climate Change ◽  
Institutional Process

Loss and damage from the impacts of climate change affect many countries and communities across the world. In 2013, the Warsaw Mechanism on Loss and Damage, created through the United Nations Framework on Climate Change (unfccc), established an institutional process to respond to such impacts. This paper aims to contribute to the growing literature on climate liability by outlining a normative framework based on international law that can be used as a guiding path for the mechanism. It is argued that addressing loss and damage in line with these core principles and international law is required to develop a robust and legitimate mechanism. This framework is then used to answer critical questions regarding an international loss and damage mechanism for climate change.

Whose ‘Loss and Damage’? Promoting the Agency of Beneficiary States

Climate Law ◽  
2014 ◽  
Vol 4 (3-4) ◽  
pp. 267-300 ◽  
Author(s):  
Benoît Mayer
Keyword(s):  
Climate Change ◽  
International Law ◽  
Damage Mechanism ◽  
Individual Level ◽  
Loss And Damage ◽  
Direct Support ◽  
The Individual ◽  
Domestic Affairs ◽  
Change Mitigation ◽  
Impacts Of Climate Change

The discussions on loss and damage associated with climate change that opened up within the unfccc in recent years constitute the latest attempt of developing states to obtain something akin to compensation from major greenhouse gas emitters for the adverse social impacts of climate change. These discussions generally contemplate a mechanism financed by developed states that would provide direct support to individuals, corporations, and governments in developing countries (‘vertical’ approach), for instance, through insurance. This article argues that, for practical as well as normative reasons, a loss-and-damage mechanism should instead support vulnerable developing states, in a states-to-states ‘horizontal’ approach. Accordingly, financial support would be provided to developing states that incorporate vulnerable populations and are responsible for protecting them. Three sets of arguments are developed in support of this proposition. First, attributing loss and damage at the individual level is particularly challenging, whereas horizontal approaches allow consideration of probabilistic harm and compensation through bundle payments. Second, horizontal approaches are more suitable for pursuing goals such as economic efficiency, the reduction of loss and damage, the creation of an incentive for climate change mitigation, and broader goals of social justice. Third, vertical approaches go against prevailing principles of international law and involve unjustified interference in the domestic affairs of developing states.

scholarly journals Challenges of Compensation and Reparation for Loss and Damage Related to the Adverse Effects of Climate Change

2020 ◽  
Vol 13 (1) ◽  
pp. 183
Author(s):  
Jorge Gabriel Arévalo García
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Adverse Effects ◽  
Financial Burden ◽  
Causal Link ◽  
Vulnerable Groups ◽  
Mitigation And Adaptation ◽  
Loss And Damage ◽  
Legal Model ◽  
Adaptation Policies

Anthropogenic climate change has and will have unavoidable adverse effects despite mitigation and adaptation policies. Therefore, the financial burden of the costs of loss and damage must be distributed fairly and proportionally. This implies that those responsible for climate change must take responsibility and compensate those who suffer losses and, if possible, repair the damages related to this phenomenon. However, climate justice has been limited by the lack of a causal link between a specific climate change effect and specific damages or losses. Accordingly, this article discusses the compensation and reparation of losses and damages related to the adverse effects of climate change, as a stream applicable after mitigation and adaptation policies. In addition, this article reviews the implications of the relevant findings that established the existence and development of climate change as a problem that affects the enjoyment of human rights, to argue how the theory of human rights can contribute to the current legal model for reparation and compensation for losses and damages associated with climate change. Also, due to the impossibility of obtaining a legally binding agreement as a structure for integration, and to adequately address the problem of causes, consequences, benefits and burdens, vulnerable groups ought to be the most affected.

scholarly journals The Nation Ex-Situ: On climate change, deterritorialized nationhood and the post-climate era

Climate Law ◽  
2011 ◽  
Vol 2 (3) ◽  
pp. 345-374 ◽  
Author(s):  
Maxine Burkett
Keyword(s):  
Climate Change ◽  
International Law ◽  
Ex Situ ◽  
Climate Regime ◽  
Analogous Structure ◽  
Sovereign State ◽  
Nation States ◽  
The Family ◽  
The Creation ◽  
Impacts Of Climate Change

It is plausible that the impacts of climate change will render certain nation-states uninhabitable before the close of the century. While this may be the fate of a small number of those nation-states most vulnerable to climate change, its implications for the evolution of statehood and international law in a “post-climate” regime is potentially seismic. I argue that to respond to the phenomenon of landless nationstates, international law could accommodate an entirely new category of international actors. I introduce the Nation Ex-Situ. Ex-situ nationhood is a status that allows for the continued existence of a sovereign state, afforded all of the rights and benefits of sovereignty amongst the family of states, in perpetuity. In practice this would require the creation of a government framework that could exercise authority over a diffuse people. I elaborate on earlier calls to use a political trusteeship system to provide the framework for an analogous structure. I seek to accomplish two quite different but intimately related tasks: first, to define and justify the recognition of deterritorialized nation-states, and, second, to explain the trusteeship arrangement that will undergird the ex-situ nation. In doing so, I introduce the notion of a post-climate era, in which the very structure of human systems—be they legal, economic, or socio-political—are irrevocably changed and ever-changing.

Climate Change-related Displacement of Persons

2016 ◽  
Author(s):  
Jane McAdam
Keyword(s):  
Climate Change ◽  
International Law ◽  
Internal Displacement ◽  
Address Climate Change ◽  
Political Incentives ◽  
International Borders ◽  
Refugee Law ◽  
International Refugee Law ◽  
Impacts Of Climate Change

This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.

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