Chapter 5: Climate change adaptation and compensation
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This chapter analyses what instruments are available to compensate victims of climate change damage as part of an adaptation policy. It is generally accepted that the government alone may not be able to provide adequate compensation and that therefore a combination of public and private sources will be needed. The approach that will be taken in this contribution is to examine the various potential instruments that could be used, and to analyse their potential strengths and weaknesses from a theoretical perspective. Moreover, to the extent that these instruments are implemented in some legal systems to compensate victims of disasters, examples will be provided and, of course, the potential of the instrument to finance compensation as an instrument of adaptation to climate change will be discussed as well. Hence, after discussing the general principles, I will address five possible compensation mechanisms (liability, insurance, compensation fund, direct compensation by government and re-insurance by government). Attention is also paid to the question of the extent to which the compensation mechanism is used in practice and whether it can be considered an appropriate instrument to compensate victims of damage related to climate change.

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