Explaining the Notion of ‘Loss and Damage’ after the entry into force of the Paris Agreement

What is it about?

With the 2015 Paris Agreement, ‘loss and damage’ was introduced into the unfccc treaty framework as a new, third substantive area of climate change law. Both before and after its adoption, this new area has been subject to much contention—and this is reflected in a high degree of uncertainty surrounding its interpretation. This article examines the definition of loss and damage and the types of impact covered by the notion. It also examines the relationship of loss and damage with mitigation and adaptation, as well as the instruments that are covered by it. Finally, the article considers the controversial issue of who can invoke loss and damage—and against whom.

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