Description
Book SynopsisThis 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.
Trade Review‘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
Table of ContentsContents: 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
