Loss and damage and climate litigation: The case for greater interlinkage

Abstract

Abstract With the negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) failing to provide adequate support to climate victims, vulnerable countries, nongovernmental organizations and affected communities are increasingly exploring legal avenues to obtain recourse for loss and damage. This article contributes to the emerging scholarship on climate litigation by exploring whether, how and with what effects such litigation interacts with the UNFCCC negotiations. For this purpose, the article contextualizes normative claims about the influence of climate court cases through practice‐embedded views of stakeholders in the loss and damage context and provides a typology of loss and damage‐related cases. Having due regard to the fact that litigation for liability and compensation of climate harms is still at an early stage, it argues that this legal avenue offers significant potential to advance the UNFCCC negotiations on loss and damage, and provides recommendations on how both spheres can be more strongly interlinked.

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