Research Handbook on Climate Change Law and Loss & Damage

Edited by the late Meinhard Doelle, formerly Professor of Law and Sara L. Seck, Associate Professor of Law, Schulich School of Law, Marine & Environmental Law Institute, Dalhousie University, Halifax, Nova Scotia, Canada

‘Meinhard Doelle and Sara L. Seck offer a brave and overdue intervention into conventional climate law and loss & damage scholarship. They adopt an unflinchingly equity-oriented approach to climate law and explore some of the most contentious yet essential challenges – including climate justice, racial capitalism, colonialism, intersectionality and private sector participation. In addition to grappling with these challenges head on, the book also offers granular analysis of core questions of international law and international institutions and would be essential reading for anyone interested in climate law, loss & damage, or more far-reaching questions of how to draw upon the rule of law to build a safer and more equitable world.’

• Contents:1 Introducing loss and damage 1Meinhard Doelle and Sara L SeckPART I FRAMEWORKS2 Equity considerations in loss and damage 18Nathalie J. Chalifour3 The sacrifice zones of carbon capitalism: race, expendability, and lossand damage 43Carmen G. Gonzalez4 Measuring the immeasurable: loss and damage from climate change ininternational law 60Usha NatarajanPART II PUBLIC INTERNATIONAL LAW5 Loss and damage under the Convention 75Linda Siegele6 Loss and damage under the Paris Agreement 100Linda Siegele7 Arrested development: the late and inequitable integration of loss anddamage finance into the UNFCCC 127Patricia Galvão Ferreira8 Against the headwind: innovative sources of loss and damage finance 149Patricia Galvão Ferreira9 State responsibility for damages associated with climate change 166Christina Voigt10 Valuation of climate change loss and damage 184Cymie R Payne11 A rights-based approach to loss and damage due to climate change 201Katherine Lofts, Sébastien Jodoin and Larissa Parker12 Indigenous peoples, climate change loss and damage, and theresponsibilities of states 223Kyle Powys Whyte13 Loss and damage, climate displacement and international law:addressing the protection gap 244Sumudu Atapattu14 Loss and damage, disaster law, and climate change 266Anastasia Telesetsky15 Solar radiation modification and loss & damage: mapping interactionsbetween climate responses 286Neil CraikPART III DOMESTIC, TRANSNATIONAL AND PRIVATEINTERNATIONAL LAW16 Atmospheric recovery litigation around the world: gaining naturalresource damages against carbon majors to fund a sky cleanup forclimate restoration 303Mary Christina Wood17 Loss and damage in European litigation 331Roda Verheyen and Johannes Franke18 Towards a civil liability regime for climate-related loss and damage 349Sharon Mascher19 Think globally, sue locally: challenges and opportunities ininternational climate litigation in domestic courts 368Andrew Gage20 Carbon major companies and liability for loss and damage 390Lisa Benjamin21 Class actions and climate change loss and damage litigation 409C. Cameron and R. WeymanPART IV CONCLUSIONS22 Pathways and prospects for loss & damage and climate justice 433Sara L Seck and Meinhard DoelleIndex