Loss and damage

Climate Law

Volumn 4, Issue 1-2, 2014, Pages 119-130

  Burkett, Maxine ^a  

^a University of Hawaii William S Richardson School of Law   (United States)

Author keywords

Loss and damage

Indexed keywords

EID: 84907818909     PISSN: 18786553     EISSN: 18786561     Source Type: Journal    
DOI: 10.1163/18786561-00402010     Document Type: Article

References (24)

1. ipcc, 'Summary for Policymakers', in Managing the Risks of Extreme Events and Disasters to Advance Climate Change Adaptation: A Special Report of Working Groups I and II of the Intergovernmental Panel on Climate Change, edited by C. B. Field et al. (Cambridge, uk and New York, ny: Cambridge University Press, 2012), at 1-19 (hereinafter ipcc, 2012: Summary for Policymakers).
2. unfccc Subsidiary Body for Implementation, 'A literature review on the topics in the context of thematic area 2 of the work programme on loss and damage: A range of approaches to address loss and damage associated with the adverse effects of climate change', fccc/sbi/2012/inf.14 (2012), at 3-4, (hereinafter unfccc sbi Literature Review) ('Loss and damage includes the effects of the full range of climate change related impacts, from increasing (in number and intensity) extreme weather events to slow onset events and combinations of the two').
3. Laura Schäfer and Sönke Kreft, 'Loss and Damage: Roadmap to Relevance for the Warsaw International Mechanism', Germanwatch (March 2014), at 5, .
4. ActionAid, et al., 'Tackling the climate reality: a framework for establishing an international mechanism to address loss and damage at cop19' (Nov. 2013), .
5. See Koko Warner et al., 'Pushed to the Limit: Evidence of Climate Change-Related Loss and Damage When People Face Constraints and Limits to Adaptation' (Nov. 2013),
6. citing James Morrissey and Anthony Oliver- Smith, Perspectives on Non-Economic Loss and Damage: Understanding values at risk from climate change (Sept. 2013), ).
7. See generally Maxine Burkett, 'Climate Reparations', 10 Melbourne Journal of International Law 509 (2009).
8. Erika J. Techera, 'Climate Change, Legal Governance and the Pacific Islands: An Overview', in Climate Change and Indigenous Peoples: The Search for Legal Remedies, edited by Randall S. Abate and Elizabeth Ann Kronk (Edward Elgar 2013), at 347 (citing the ipcc's acknowledgement of cultural impacts having deeper effects than first appears through the damaging of culturally informed flexibility and resilience).
9. See Ilona Millar, Catherine Gascoigne, and Elizabeth Caldwell, 'Making Good the Loss: an assessment of the loss and damage mechanism under the unfccc process', in Threatened Island Nations: Legal Implications of Rising Seas and a Changing Climate, edited by Michael B. Gerrard and Gregory E. Wannier (Cambridge, uk: Cambridge University Press, 2013), at 438 (explaining that owing to the lack of risk transfer and sharing, developing countries are reliant on financial assistance from donor countries to respond to extreme events);
10. see, e.g., Paul Brown, 'Simultaneous Disasters Batter Pacific Islands', Climate Central, 5 July 2013, .
11. See Alliance of Small Island States (aosis), 'Informal Dialogue on Loss and Damage', Montego Bay, Jamaica (10-12 March 2013), at 6 (on file with author) (citing existing unfccc institutions which were seen as having responsibilities that were relevant to loss and damage, including the Conference of Parties, the Adaptation Committee, and the National Adaptation Planning Process).
12. See 'Green Climate Fund'
13. Subsidiary Body on Implementation, Submission of Nauru on behalf of the Alliance of Small Island States, Views and information on elements to be included in the recommendations on loss and damage in accordance with decision 1/cp.16 (28 September 2012), at 1
14. aosis, Proposal to the awg-lca, 'Multi-Window Mechanism to Address Loss and Damage from Climate Change Impacts' (2008); Decision 3/cp.18, fccc/cp/2012/8/Add.1.
15. For a way to understand the progression of impacts and residual risks and the appropriate response, see Richard S. J. Tol and Roda Verheyen, 'State responsibility and compensation for climate change damages - a legal and economic assessment,' 32 Energy Policy (2004), at 1109-1130.
16. unsbi Nauru Submission, supra note 29, at 18-19. The most prominent example is the Caribbean Catastrophe Risk Insurance Facility. See The Caribbean Catastrophe Risk Insurance Facility, (last visited July 23, 2013).
17. See Kim Chipman and Alex Morales, 'Islands Seek Funds for Climate Damage at un Discussions', Bloomberg.com, 4 December 2012,
18. See also Malia Talakai, 'Climate Conversations - Small island states need action on climate loss and damage', Thomson Reuters Foundation, 30 August 2012, .
19. M. Crocker, 'Loss and Damage Reflects New Era of the Climate Talks', Alliance of Small Island States, 15 April 2013, .
20. See Alliance of Small Island States, Proposal to the awg-lca, 'Multi-Window Mechanism to Address Loss and Damage from Climate Change Impacts' (2008) (hereinafter aosis Multi-Window Mechanism).
21. Ibid. Although this mandate suffered setbacks in subsequent international meetings in Bonn, a loss-and-damage mechanism remains a key deliverable. See Laurie Goering, 'Africa: Vulnerable States Decry Slow Progress at Bonn Climate Talks', allAfrica, 17 June 2013, .
22. Decision 2/cp.19.
23. Juan P. Hoffmaister et al., 'Warsaw International Mechanism for loss and damage: Moving from polarizing discussions towards addressing the emerging challenges faced by developing countries', Loss and Damage in Vulnerable Countries Initiative, 6 January 2014, .
24. See Maxine Burkett, 'Rehabilitation: A Proposal for a Climate Compensation Mechanism for Small Island States', Santa Clara Journal of International Law (forthcoming 2014).