Chapter 1: Introducing loss and damage
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Efforts within the UN climate regime to reduce GHG emissions sufficiently to avoid climate change, to deal effectively with loss and damage, and to provide effective avenues to remedy associated harms, have so far failed. While these efforts are ongoing, the impacts of climate change are increasingly obvious and severe, and it is becoming equally clear that a broad range of international regimes and domestic legal systems will be challenged to respond to calls for appropriate remedies for those harmed by loss and damage. In this volume, we explore the many issues that will arise as legal systems around the world are confronted with climate change related loss and damage claims. This introductory chapter provides a high-level overview of issues related to the scope and definition of loss and damage. We then consider issues that will confront those using legal and related strategies to address climate loss and damage, including (1) framing the harm suffered, (2) potential claimants, (3) potential remedies, (4) potential defendants and sources of funds, and (5) actionable wrongs.