The Paris Agreement's Approach Toward Climate Change Loss and Damage

Abstract

Article 8 of the Paris Agreement introduces obligations upon the Parties to the Agreement “with respect to Loss and Damage associated with adverse impacts of climate change.” According to Paragraph 52 of the Conference of the Parties’ Decision, Article 8 is not a basis for liability or compensation. Therefore, the problem is whether violation of obligations leads to a state responsibility. Using a dogmatic method, this research contends that “recognizing the significance of averting, minimizing, and addressing Loss and Damage” means acceptance of responsibility for a breach of obligations. Although the means of seeking reparation would not be compensation, States are obliged to eliminate sources of damage and take precautionary measures to address loss and damage. Notwithstanding this, placing the issue of loss and damage under the Agreement into a separate article can reflect to a great extent the significance of the matter.

Equity and Justice in Loss and Damage Finance: A Narrative Review of Catalysts and Obstacles

“…Even with the goals outlined in the Paris Agreement as well as emerging dire warnings from the IPCC, action on mitigation and adaptation lags. L&D, even with these recent developments, remains relatively novel and peripheral [114,115]. The UNFCCC can, as demonstrated through the creation of the L&D Fund, serve as a forum where focus and action on L&D can be catalyzed.…”

The function of international law in defending the environment against climate change

“…These occurrences cause damage to food sources and ecosystems, which increases the risk of starvation and illness. Extreme heat exposure is linked to a number of harmful health effects in humans, such as heatstroke, renal damage, mental health issues, and heart and respiratory conditions 6 . In certain areas, vector-borne illnesses like dengue and malaria are also on the rise.…”

Note From the Editor

“…In the second article this spring, Amini and coauthors (2023) discuss climate justice and international cooperation in the context of Article 8 of the Paris Agreement regarding its ambiguity concerning the “loss” and “damage” (L&D) caused by climate change. Their argument is critical for addressing the adverse effects of climate change on vulnerable developing states given the questions the authors raise concerning the ambiguous wording of these terms in Article 8.…”