气候变化领域集成服务门户(CCPortal): Between negotiations and litigation: Vanuatu’s perspective on loss and damage from climate change

CCPortal

DOI	10.1080/14693062.2019.1623166
	Between negotiations and litigation: Vanuatu’s perspective on loss and damage from climate change
	Wewerinke-Singh M.; Salili D.H.
发表日期	2020
ISSN	14693062
起始页码	681
结束页码	692
卷号	20 期号:6
英文摘要	This contribution explores how climate-vulnerable states can effectively use the law to force action in order to address loss and damage from climate change, taking the Pacific Island state of Vanuatu as an example. Vanuatu made headlines when its Minister of Foreign Affairs, International Cooperation and External Trade, the Hon. Ralph Regenvanu, announced his government’s intention to explore legal action as a tool to address climate loss and damage suffered in Vanuatu. Our contribution places this announcement in the context of Vanuatu’s own experience with climate loss and damage, and the state’s ongoing efforts to secure compensation for loss and damage through the multilateral climate change regime. We then discuss the possibilities for legal action to seek redress for climate loss and damage, focusing on two types of action highlighted in Minister Regenvanu’s statement: action against states under international law, and action against fossil fuel companies under domestic law. After concluding that the issue of compensation for climate loss and damage is best addressed at the multilateral level, we offer proposals on how the two processes of litigation and negotiation could interact with each other and inspire more far-reaching action to address loss and damage from climate change. Key policy insights The review of the Warsaw International Mechanism for Loss and Damage offers an opportunity to start putting in place a facility for loss and damage finance under the auspices of the United Nations Framework Convention on Climate Change (UNFCCC). A climate damages tax (CDT) on fossil fuel companies seems a particularly promising option for mobilizing loss and damage finance. Such a CDT could be one revenue stream for a relevant loss and damage facility. Legal action–including cases against foreign states or fossil fuel companies–could bolster the position of climate-vulnerable states in multilateral negotiations on loss and damage finance. © 2019, © 2019 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group.
英文关键词	climate justice; climate litigation; Loss and damage; Small Island developing states; Vanuatu; Warsaw international mechanism for loss and damage
语种	英语
scopus关键词	climate change; damage; environmental legislation; environmental policy; international agreement; negotiation process; United Nations Framework Convention on Climate Change; Vanuatu
来源期刊	Climate Policy
文献类型	期刊论文
条目标识符	http://gcip.llas.ac.cn/handle/2XKMVOVA/153273
作者单位	Grotius Centre for International Legal Studies, Leiden, Netherlands; Pacific Centre for Environment and Sustainable Development, University of the South Pacific, Suva, Fiji
推荐引用方式 GB/T 7714	Wewerinke-Singh M.,Salili D.H.. Between negotiations and litigation: Vanuatu’s perspective on loss and damage from climate change[J],2020,20(6).
APA	Wewerinke-Singh M.,&Salili D.H..(2020).Between negotiations and litigation: Vanuatu’s perspective on loss and damage from climate change.Climate Policy,20(6).
MLA	Wewerinke-Singh M.,et al."Between negotiations and litigation: Vanuatu’s perspective on loss and damage from climate change".Climate Policy 20.6(2020).