Loss and Damage

in Climate Law
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This article explores so-called ‘loss and damage’ as well as the emerging legal infrastructure that seeks to address it. The article concludes by identifying some of the deep points of contention in the international discourse on loss and damage, particularly regarding compensation, and considerations for a successful resolution of the impasse that loss and damage has produced.

Loss and Damage

in Climate Law




Erika J. Techera‘Climate Change, Legal Governance and the Pacific Islands: An Overview’ in Climate Change and Indigenous Peoples: The Search for Legal Remediesedited 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).


 See Maxine Burkett‘Rehabilitation: A Proposal for a Climate Compensation Mechanism for Small Island States’Santa Clara Journal of International Law (forthcoming 2014).

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