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

Contents:

1 Introducing loss and damage 1
Meinhard Doelle and Sara L Seck

PART I FRAMEWORKS
2 Equity considerations in loss and damage 18
Nathalie J. Chalifour
3 The sacrifice zones of carbon capitalism: race, expendability, and loss
and damage 43
Carmen G. Gonzalez
4 Measuring the immeasurable: loss and damage from climate change in
international law 60
Usha Natarajan

PART II PUBLIC INTERNATIONAL LAW
5 Loss and damage under the Convention 75
Linda Siegele
6 Loss and damage under the Paris Agreement 100
Linda Siegele
7 Arrested development: the late and inequitable integration of loss and
damage finance into the UNFCCC 127
Patricia Galvão Ferreira
8 Against the headwind: innovative sources of loss and damage finance 149
Patricia Galvão Ferreira
9 State responsibility for damages associated with climate change 166
Christina Voigt
10 Valuation of climate change loss and damage 184
Cymie R Payne
11 A rights-based approach to loss and damage due to climate change 201
Katherine Lofts, Sébastien Jodoin and Larissa Parker
12 Indigenous peoples, climate change loss and damage, and the
responsibilities of states 223
Kyle Powys Whyte
13 Loss and damage, climate displacement and international law:
addressing the protection gap 244
Sumudu Atapattu
14 Loss and damage, disaster law, and climate change 266
Anastasia Telesetsky
15 Solar radiation modification and loss & damage: mapping interactions
between climate responses 286
Neil Craik

PART III DOMESTIC, TRANSNATIONAL AND PRIVATE
INTERNATIONAL LAW
16 Atmospheric recovery litigation around the world: gaining natural
resource damages against carbon majors to fund a sky cleanup for
climate restoration 303
Mary Christina Wood
17 Loss and damage in European litigation 331
Roda Verheyen and Johannes Franke
18 Towards a civil liability regime for climate-related loss and damage 349
Sharon Mascher
19 Think globally, sue locally: challenges and opportunities in
international climate litigation in domestic courts 368
Andrew Gage
20 Carbon major companies and liability for loss and damage 390
Lisa Benjamin
21 Class actions and climate change loss and damage litigation 409
C. Cameron and R. Weyman

PART IV CONCLUSIONS
22 Pathways and prospects for loss & damage and climate justice 433
Sara L Seck and Meinhard Doelle

Index