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Research Handbook on Climate Change Law and Loss & Damage
This timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.
More Information
Critical Acclaim
Contributors
Contents
More Information
This timely Research Handbook offers an insightful review of how legal systems – whether domestic, international or transnational – can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.
Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D.
Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.
Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D.
Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.
Critical Acclaim
‘Meinhard Doelle and Sara L. Seck offer a brave and overdue intervention into conventional climate law and loss & damage scholarship. They adopt an unflinchingly equity-oriented approach to climate law and explore some of the most contentious yet essential challenges – including climate justice, racial capitalism, colonialism, intersectionality and private sector participation. In addition to grappling with these challenges head on, the book also offers granular analysis of core questions of international law and international institutions and would be essential reading for anyone interested in climate law, loss & damage, or more far-reaching questions of how to draw upon the rule of law to build a safer and more equitable world.’
– Cinnamon Carlarne, The Ohio State University, US
‘Meinhard Doelle and Sara Seck bring together an impressive update on this ever-evolving subject, providing required discussions on the importance of our response to climate change. Well-respected contributors provide insightful thoughts on the topic, making this an essential read for those practicing within climate law and policy, and academics and scholars studying the environment and climate change.’
– Mary Robinson, Former President of Ireland and Adjunct Professor, Trinity College, Dublin, Republic of Ireland
– Cinnamon Carlarne, The Ohio State University, US
‘Meinhard Doelle and Sara Seck bring together an impressive update on this ever-evolving subject, providing required discussions on the importance of our response to climate change. Well-respected contributors provide insightful thoughts on the topic, making this an essential read for those practicing within climate law and policy, and academics and scholars studying the environment and climate change.’
– Mary Robinson, Former President of Ireland and Adjunct Professor, Trinity College, Dublin, Republic of Ireland
Contributors
Contributors: Sumudu Atapattu, Lisa Benjamin, Camille Cameron, Nathalie J. Chalifour, Neil Craik, Meinhard Doelle, Johannes Franke, Andrew Gage, Patricia Galvao Ferreira, Carmen G. Gonzalez, Sébastien Jodoin, Katherine Lofts, Sharon Mascher, Usha Natarajan, Larissa Parker, Cymie R. Payne, Sara L. Seck, Linda Siegele, Anastasia Telesetsky, Roda Verheyen, Christina Voigt, Riley Weyman, Kyle Whyte, Mary Christina Wood
Contents
Contents:
1 Introducing loss and damage 1
Meinhard Doelle and Sara L Seck
PART I FRAMEWORKS
2 Equity considerations in loss and damage 18
Nathalie J. Chalifour
3 The sacrifice zones of carbon capitalism: race, expendability, and loss
and damage 43
Carmen G. Gonzalez
4 Measuring the immeasurable: loss and damage from climate change in
international law 60
Usha Natarajan
PART II PUBLIC INTERNATIONAL LAW
5 Loss and damage under the Convention 75
Linda Siegele
6 Loss and damage under the Paris Agreement 100
Linda Siegele
7 Arrested development: the late and inequitable integration of loss and
damage finance into the UNFCCC 127
Patricia Galvão Ferreira
8 Against the headwind: innovative sources of loss and damage finance 149
Patricia Galvão Ferreira
9 State responsibility for damages associated with climate change 166
Christina Voigt
10 Valuation of climate change loss and damage 184
Cymie R Payne
11 A rights-based approach to loss and damage due to climate change 201
Katherine Lofts, Sébastien Jodoin and Larissa Parker
12 Indigenous peoples, climate change loss and damage, and the
responsibilities of states 223
Kyle Powys Whyte
13 Loss and damage, climate displacement and international law:
addressing the protection gap 244
Sumudu Atapattu
14 Loss and damage, disaster law, and climate change 266
Anastasia Telesetsky
15 Solar radiation modification and loss & damage: mapping interactions
between climate responses 286
Neil Craik
PART III DOMESTIC, TRANSNATIONAL AND PRIVATE
INTERNATIONAL LAW
16 Atmospheric recovery litigation around the world: gaining natural
resource damages against carbon majors to fund a sky cleanup for
climate restoration 303
Mary Christina Wood
17 Loss and damage in European litigation 331
Roda Verheyen and Johannes Franke
18 Towards a civil liability regime for climate-related loss and damage 349
Sharon Mascher
19 Think globally, sue locally: challenges and opportunities in
international climate litigation in domestic courts 368
Andrew Gage
20 Carbon major companies and liability for loss and damage 390
Lisa Benjamin
21 Class actions and climate change loss and damage litigation 409
C. Cameron and R. Weyman
PART IV CONCLUSIONS
22 Pathways and prospects for loss & damage and climate justice 433
Sara L Seck and Meinhard Doelle
Index
1 Introducing loss and damage 1
Meinhard Doelle and Sara L Seck
PART I FRAMEWORKS
2 Equity considerations in loss and damage 18
Nathalie J. Chalifour
3 The sacrifice zones of carbon capitalism: race, expendability, and loss
and damage 43
Carmen G. Gonzalez
4 Measuring the immeasurable: loss and damage from climate change in
international law 60
Usha Natarajan
PART II PUBLIC INTERNATIONAL LAW
5 Loss and damage under the Convention 75
Linda Siegele
6 Loss and damage under the Paris Agreement 100
Linda Siegele
7 Arrested development: the late and inequitable integration of loss and
damage finance into the UNFCCC 127
Patricia Galvão Ferreira
8 Against the headwind: innovative sources of loss and damage finance 149
Patricia Galvão Ferreira
9 State responsibility for damages associated with climate change 166
Christina Voigt
10 Valuation of climate change loss and damage 184
Cymie R Payne
11 A rights-based approach to loss and damage due to climate change 201
Katherine Lofts, Sébastien Jodoin and Larissa Parker
12 Indigenous peoples, climate change loss and damage, and the
responsibilities of states 223
Kyle Powys Whyte
13 Loss and damage, climate displacement and international law:
addressing the protection gap 244
Sumudu Atapattu
14 Loss and damage, disaster law, and climate change 266
Anastasia Telesetsky
15 Solar radiation modification and loss & damage: mapping interactions
between climate responses 286
Neil Craik
PART III DOMESTIC, TRANSNATIONAL AND PRIVATE
INTERNATIONAL LAW
16 Atmospheric recovery litigation around the world: gaining natural
resource damages against carbon majors to fund a sky cleanup for
climate restoration 303
Mary Christina Wood
17 Loss and damage in European litigation 331
Roda Verheyen and Johannes Franke
18 Towards a civil liability regime for climate-related loss and damage 349
Sharon Mascher
19 Think globally, sue locally: challenges and opportunities in
international climate litigation in domestic courts 368
Andrew Gage
20 Carbon major companies and liability for loss and damage 390
Lisa Benjamin
21 Class actions and climate change loss and damage litigation 409
C. Cameron and R. Weyman
PART IV CONCLUSIONS
22 Pathways and prospects for loss & damage and climate justice 433
Sara L Seck and Meinhard Doelle
Index
