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Research Handbook on Climate Change Law and Loss & Damage

Edited by: Meinhard Doelle, Sara L. Seck

ISBN13: 9781788974011
Published: November 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £218.00



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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.

Subjects:
Environmental Law
Contents:
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
22. Pathways and prospects for loss & damage and climate justice
Sara L. Seck and Meinhard Doelle

Index