Category: Loss And Damage

The Loss and Damage transitional committee tasked with operationalising the new fund has finally been established. They will make recommendations on the design of the fund and in doing so will have to deal with contentious debates around who contributes, who benefits and where the fund will sit within the broader regime.

Vanuatu, as part of a coalition of 18 states, has recently made available and intends to commence negotiations on a draft United Nations General Assembly resolution that requests an International Court of Justice Advisory Opinion on climate change legal liability. In our analysis, we discuss some of the legal considerations around the draft text and speculate on what it might mean for loss and damage.

The Assembly of the Inter-Parliamentary Union (IPU) recently voted in favour of the emergency resolution put forward by Pakistan on the creation of “a Global Fund/Financing facility for climate Vulnerable Countries to Address Loss and Damage Associated with Climate Change", with more than 645 votes in favour. Parliamentary support is a key component in whether a loss and damage finance facility is agreed to internationally and can be highly influential on executive action. The US recently stated that while it is open to discussing the facility, anything that would need to go through the US Congress was a non-starter.

UN Secretary-General António Guterres, the LDC Group and the G77+China have reiterated their support for dedicated loss and damage finance. Denmark has also pledged initial funding towards loss and damage. However, the G20 has failed to seize an opportunity to advance country positions on loss and damage, and Canada has pushed back on suggestions that finance should come from oil and gas windfall taxes.