Chapter 22: Pathways and prospects for loss damage and climate justice
Restricted access

This chapter provides an overview of the contributions to the Research Handbook on Climate Change Law and Loss and Damage. We first introduced issues relating to the scope and definition of climate loss and damage and considered legal perspectives on the future of loss and damage. Three of our contributors then explored cross-cutting foundational climate justice perspectives, specifically equity, racial capitalism, and nature. In the remainder of the book, we turn to international, national, and transnational legal perspectives on loss and damage caused by climate change. Our contributors considered two fundamental questions with regard to their legal regime or system: Is it equipped to deal fairly with claims for loss and damage? What changes would have to be made for it to be able to deal fairly with claims for loss and damage? Several chapters considered climate loss and damage from the perspective of public international law, including the history and prospects of the climate regime, international human rights law, the rights of Indigenous peoples, refugee and migration law, and disaster law. The remaining chapters considered climate loss and damage from the perspective of domestic, transnational, and private international law, with insights drawn from diverse areas of law including constitutional and administrative law, public trust law, civil liability, transnational corporate accountability, and collective actions.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account
Handbook