Book contents
- Debating Climate Law
- Debating Climate Law
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Debate 1: Customary Law
- Debate 2: The ILC’s Role
- Debate 3: CBDR Principle
- Debate 4: Compliance
- Debate 5: Climate Litigation
- Debate 6: Human Rights
- Debate 7: Historical Responsibility
- Debate 8: Climate Migration
- Debate 9: Negative-Emission Technologies
- Debate 10: Solar Radiation Management
- Debate 11: Climate Assessment
- Reflection 1: Adaptation
- Reflection 2: Loss and Damage
- Legal Claims for Reparation of Loss and Damage
- Reflection 3: Disappearing States
- Reflection 4: Climate Finance
- Reflection 5: Non-State Actors
- Reflection 6: Regime Inconsistency
- Reflection 7: Aesthetics
- Conclusion
- Index
Legal Claims for Reparation of Loss and Damage
from Reflection 2: Loss and Damage
Published online by Cambridge University Press: 15 June 2021
- Debating Climate Law
- Debating Climate Law
- Copyright page
- Contents
- Contributors
- Acknowledgements
- Abbreviations
- Introduction
- Debate 1: Customary Law
- Debate 2: The ILC’s Role
- Debate 3: CBDR Principle
- Debate 4: Compliance
- Debate 5: Climate Litigation
- Debate 6: Human Rights
- Debate 7: Historical Responsibility
- Debate 8: Climate Migration
- Debate 9: Negative-Emission Technologies
- Debate 10: Solar Radiation Management
- Debate 11: Climate Assessment
- Reflection 1: Adaptation
- Reflection 2: Loss and Damage
- Legal Claims for Reparation of Loss and Damage
- Reflection 3: Disappearing States
- Reflection 4: Climate Finance
- Reflection 5: Non-State Actors
- Reflection 6: Regime Inconsistency
- Reflection 7: Aesthetics
- Conclusion
- Index
Summary
This chapter analyses the legal debates surrounding the concept loss and damage from the impacts of climate change. Political and academic arguments have long been made for reparations for actual harm inflicted by climate change. From a legal perspective, a first difficulty is to determine who (if anybody) can be held responsible: States? Political leaders? Multinational corporations? Individual consumers? Other questions regard the form and the quantum of reparation that would be paid, as well as the recipients of it (states? individuals? communities?). A considerable amount of debate has swirled around the topic of loss and damage, but, as with the previous topic of adaptation law, no clear law, or even clear lines of legal debate, have emerged so far.
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- Debating Climate Law , pp. 329 - 348Publisher: Cambridge University PressPrint publication year: 2021