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Research Handbook on Climate Change Law and Loss & Damage

Research Handbook on Climate Change Law and Loss & Damage

Author: Meinhard Doelle; Sara L. Seck
Publisher: Edward Elgar Publishing
ISBN: 9781788974011
Published In: November 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

1. Introducing loss and damage

Meinhard Doelle and Sara L. Seck

PART I. FRAMEWORKS

2. Equity considerations in loss and damage

Nathalie J. Chalifour

3. The sacrifice zones of carbon capitalism: race, expendability, and loss and damage

Carmen G. Gonzalez

4. Measuring the immeasurable: loss and damage from climate change in international law

Usha Natarajan

PART II. PUBLIC INTERNATIONAL LAW

5. Loss and damage under the Convention

Linda Siegele

6. Loss and damage under the Paris Agreement

Linda Siegele

7. Arrested development: the late and inequitable integration of loss and damage finance into the UNFCCC

Patricia Galvão Ferreira

8. Against the headwind: innovative sources of loss and damage finance

Patricia Galvão Ferreira

9. State responsibility for damages associated with climate change

Christina Voigt

10. Valuation of climate change loss and damage

Cymie R. Payne

11. A rights-based approach to loss and damage due to climate change

Katherine Lofts, Sébastien Jodoin and Larissa Parker

12. Indigenous peoples, climate change loss and damage, and the responsibilities of states

Kyle Powys Whyte

13. Loss and damage, climate displacement and international law: addressing the protection gap

Sumudu Atapattu

14. Loss and damage, disaster law, and climate change

Anastasia Telesetsky

15. Solar radiation modification and loss & damage: mapping interactions between climate responses

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

Mary Christina Wood

17. Loss and damage in European litigation

Roda Verheyen and Johannes Franke

18. Towards a civil liability regime for climate-related loss and damage

Sharon Mascher

19. Think globally, sue locally: challenges and opportunities in international climate litigation in domestic courts

Andrew Gage

20. Carbon major companies and liability for loss and damage

Lisa Benjamin

21. Class actions and climate change loss and damage litigation

C. Cameron and R. Weyman

PART IV. CONCLUSIONS