Challenges of Compensation and Reparation for Loss and Damage Related to the Adverse Effects of Climate Change

Jorge Gabriel Arévalo García

Abstract

Anthropogenic climate change has and will have unavoidable adverse effects despite mitigation and adaptation policies. Therefore, the financial burden of the costs of loss and damage must be distributed fairly and proportionally. This implies that those responsible for climate change must take responsibility and compensate those who suffer losses and, if possible, repair the damages related to this phenomenon. However, climate justice has been limited by the lack of a causal link between a specific climate change effect and specific damages or losses. Accordingly, this article discusses the compensation and reparation of losses and damages related to the adverse effects of climate change, as a stream applicable after mitigation and adaptation policies. In addition, this article reviews the implications of the relevant findings that established the existence and development of climate change as a problem that affects the enjoyment of human rights, to argue how the theory of human rights can contribute to the current legal model for reparation and compensation for losses and damages associated with climate change. Also, due to the impossibility of obtaining a legally binding agreement as a structure for integration, and to adequately address the problem of causes, consequences, benefits and burdens, vulnerable groups ought to be the most affected.

Keywords

Loss and damage; reparation; compensation; attribution; causal nexus; Human Rights

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