While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter introduces (...) several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

In recent decades, changes in climate have caused impacts on natural and human systems on all continents and across the oceans. Impacts are due to observed climate change, irrespective of its cause...

ABSTRACTAs the window of opportunity to limit global average warming to 1.5 °C above pre-industrial levels is narrowing, the impacts of climate change are already being experienced around the world. No longer of merely theoretical interest, the issue of ‘loss and damage’ has become central to climate politics. Against this backdrop, old concepts of responsibility and wrongful harm are being revisited. Boran proposed moving away from an interactional conception of harm to an architectural one. The former supports the widely shared (...) view that wrongful harm results from actions. The latter turns the spotlight on complexity and social practices. In response to critical appraisals, this short essay revisits key components of an architectural conception of harm. An architectural approach is not an analytic tool to answer the epistemic challenges in singling out those who are causally responsible as a discrete problem. It is an encompassing theoretical framework drawing a picture of a world where vulnerability is inseparably tied to a complex web of social, political, and institutional interrelations. Wrongful harm resulting from climate impacts is inextricable from the constructed environment and everyday practices forming a complex web of social and political interconnections. (shrink)