Loss and damage caused by climate change: legal strategies for vulnerable countries

A new FIELD paper on “Loss and damage caused by climate change: legal strategies for vulnerable countries” by Joy Hyvarinen (available at http://www.field.org.uk/news/climate-damage-new-legal-strategies

) suggests that vulnerable countries may benefit from considering a range of options, including options beyond the UNFCCC and the Kyoto Protocol.

The paper considers negotiations on loss and damage under the UNFCCC, dispute settlement under the UNFCCC or Kyoto Protocol, and international litigation. The paper then focuses on the evolving international law concept of reparations for damage. It suggests that vulnerable countries might consider pursuing a reparations-based strategy in international negotiations beyond the UNFCCC and the Kyoto Protocol, in particular negotiations about the UN’s post-2015 development agenda.

The paper highlights new proposals about reparations, including proposals by Maxine Burkett related to climate reparations.

FIELD believes that vulnerable countries should play a strong role in shaping how international law on reparations for climate change damage develops.

FIELD would welcome feedback on the paper.