Research Handbook on Climate Change Law and Loss & Damage

Description

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. Copyright Contents Contributors Acknowledgements 1 Introducing loss and damage PART I FRAMEWORKS 2 Equity considerations in loss and damage 3 The sacrifice zones of carbon capitalism: race, expendability, and loss and damage 4 Measuring the immeasurable: loss and damage from climate change in international law PART II PUBLIC INTERNATIONAL LAW 5 Loss and damage under the Convention 6 Loss and damage under the Paris Agreement 7 Arrested development: the late and inequitable integration of loss and damage finance into the UNFCCC 8 Against the headwind: innovative sources of loss and damage finance 9 State responsibility for damages associated with climate change 10 Valuation of climate change loss and damage 11 A rights-based approach to loss and damage due to climate change 12 Indigenous peoples, climate change loss and damage, and the responsibilities of states 13 Loss and damage, climate displacement and international law: addressing the protection gap 14 Loss and damage, disaster law, and climate change 15 Solar radiation modification and loss & damage: mapping interactions between climate responses 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 17 Loss and damage in European litigation 18 Towards a civil liability regime for climate-related loss and damage 19 Think globally, sue locally: challenges and opportunities in international climate litigation in domestic courts 20 Carbon major companies and liability for loss and damage 21 Class actions and climate change loss and damage litigation PART IV CONCLUSIONS 22 Pathways and prospects for loss & damage and climate justice Index