2020
DOI: 10.1111/reel.12335
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Loss and damage and climate litigation: The case for greater interlinkage

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 artic… Show more

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Cited by 30 publications
(15 citation statements)
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“…For example, the Alliance of Small Island States (AOSIS) presented their fears of being inundated by sea level rise in 1991, but the UN Framework Convention on Climate Change (UNFCCC) failed to acknowledge this. Acknowledgment of loss and damage was denied by developed nations until 2007 when it was discussed at the COP 13 (Conference of the Parties) but did not gain true momentum until COP 16 in 2010 (Shamsuddoha et al, 2018;Toussaint, 2021). Therefore, this denial by developed nations caused a lack of action for nearly two decades.…”
Section: Climate Justice Theorymentioning
confidence: 99%
“…For example, the Alliance of Small Island States (AOSIS) presented their fears of being inundated by sea level rise in 1991, but the UN Framework Convention on Climate Change (UNFCCC) failed to acknowledge this. Acknowledgment of loss and damage was denied by developed nations until 2007 when it was discussed at the COP 13 (Conference of the Parties) but did not gain true momentum until COP 16 in 2010 (Shamsuddoha et al, 2018;Toussaint, 2021). Therefore, this denial by developed nations caused a lack of action for nearly two decades.…”
Section: Climate Justice Theorymentioning
confidence: 99%
“…These youth-led climate litigation efforts could be instrumental in advancing progress on addressing the losses and damages that countries and communities are already facing as a result of climate impacts (Toussaint, 2021). In addition, youth have also been putting forward demands on how policymakers can address loss and damage.…”
Section: Accountability Through Litigationmentioning
confidence: 99%
“…Loss and damage represent another important frontier in this battle (Toussaint 2021). Yet, despite the existence of the Warsaw mechanism on loss and damage, at the Madrid climate summit, the US, with Russia's support, ruled out agreeing to and implementing a concrete plan to increase financing for loss and damage.…”
Section: Contesting Climate Injusticementioning
confidence: 99%