1st Edition

The Third Pillar of International Climate Change Policy On ‘Loss and Damage’ after the Paris Agreement

Edited By Morten Broberg, Beatriz Martinez Romera Copyright 2021
    134 Pages
    by Routledge

    134 Pages
    by Routledge

    During the negotiations in 2015 that led to the adoption of the Paris Agreement, one of the most contentious issues was the introduction of a dedicated provision in Article 8 on what is known as ‘loss and damage’. The adoption of this new article, however, left many questions unanswered. What is the distinction between ‘loss and damage’, and ‘adaptation’? What are the legal implications of the inclusion of loss and damage as an article in a legal treaty? How can financial assistance and compensation best be channelled to victims of climate change loss and damage? What gaps remain in the loss and damage governance system?

    The Third Pillar of International Climate Change Policy: On ‘Loss and Damage’ after the Paris Agreement addresses these questions, and numerous others, and explores the present and future of loss and damage in the era of the Paris Agreement. This book provides an up-to-date analysis of ‘loss and damage’ which is often described as the third pillar of international climate change policy. It is based around four main themes: (i) insurance schemes, (ii) key gaps in loss and damage governance, including non-economic loss and damage and slow-onset events, (iii) legal aspects of loss and damage, and (iv) novel approaches to loss and damage.

    The chapters in this book were originally published as a special issue of Climate Policy.

    Introduction: Loss and Damage after Paris: All Talk and No Action?

    Morten Broberg and Beatriz Martinez Romera

    1. Insurance schemes for loss and damage: fools’ gold?

    Linnéa Nordlander, Melanie Pill and Beatriz Martinez Romera

    2. Parametric loss and damage insurance schemes as a means to enhance climate change resilience in developing countries

    Morten Broberg

    3. Non-economic loss and damage: lessons from displacement in the Caribbean

    Adelle Thomas and Lisa Benjamin

    4. Loss and damage in the IPCC Fifth Assessment Report (Working Group II): a text-mining analysis

    Kees van der Geest and Koko Warner

    5. Loss & damage from climate change: from concept to remedy?

    Meinhard Doelle and Sara Seck

    6. Between negotiations and litigation: Vanuatu’s perspective on loss and damage from climate change

    Margaretha Wewerinke-Singh and Diana Hinge Salili

    7. Interpreting the UNFCCC’s provisions on ‘mitigation’ and ‘adaptation’ in light of the Paris Agreement’s provision on ‘loss and damage’

    Morten Broberg

    8. A human rights-based approach to loss and damage under the climate change regime

    Patrick Toussaint and Adrian Martínez Blanco

    9. Loss and damage: an opportunity for transformation?

    Erin Roberts and Mark Pelling


    Morten Broberg is Professor of International Development Law and Honorary Jean Monnet Professor, University of Copenhagen, Faculty of Law.

    Beatriz Martinez Romera (PhD, MSc, LLM) is Associate Professor of Law at the Center for International Law and Governance, the Faculty of Law, University of Copenhagen. She has worked on environmental and climate change law and governance since 2010, in particular the regulation of greenhouse gas emissions from international aviation and maritime transport. She is the founder and manager of the Transatlantic Maritime Emissions Research Network (TRAMEREN) and member of the Bar Association of Madrid, Spain.

    "The Third Pillar of International Climate Change Policy is an excellent compilation of scholarship and a useful resource for anyone seeking to understand the treatment of loss and damage within and beyond the international climate regime. The chapters are informative, engaging, and often innovative. The editors have successfully curated a collection of scholarship that offers a robust picture of the ongoing efforts to operationalize loss and damage. I highly recommend this book."

    • Melissa Powers, Lewis & Clark Law School, Portland, OR, USA