| DOI: | 10.1080/14693062.2016.1197095
|
| Scopus记录号: | 2-s2.0-84981218632
|
| 论文题名: | Responsibility and liability for climate loss and damage after Paris |
| 作者: | Lees E
|
| 刊名: | Climate Policy
|
| ISSN: | 1469-3062
|
| EISSN: | 1752-7457
|
| 出版年: | 2017
|
| 卷: | 17, 期:1 | | 起始页码: | 59
|
| 结束页码: | 70
|
| 语种: | 英语
|
| 英文关键词: | differentiated responsibility
; liability
; loss and damage
|
| Scopus关键词: | climate change
; environmental policy
; international agreement
; liability
; United Nations Framework Convention on Climate Change
|
| Scopus学科分类: | nvironmental Science: General Environmental Science
; Earth and Planetary Sciences: Atmospheric Science
|
| 英文摘要: | This article considers the loss and damage provisions of the Paris Agreement emerging from the 21st Conference of the Parties (COP) of December 2015, and examines the extent to which they represent an innovation from the voluntary-focused Warsaw International Mechanism (WIM). It concludes that whilst on its surface the Paris Agreement very much continues the WIM approach, the combination of the reference to differentiated responsibilities, the inclusion of a loss and damage article within the main Agreement, and the refusal to allow this article to act as a basis for liability raises some legal and policy ambiguities. These ambiguities raise the question as to whether it is necessary or useful to develop a responsibility allocation mechanism (which need not give rise to liability) in order to assess differentiated responsibilities for loss and damage, and if so, how such a mechanism might be constructed. This article then goes on to consider two alternative approaches to loss and damage: an insurance-based approach and an approach based on the twin pillars of causal connection and fault. The difficulties of designing an allocation mechanism on the basis of causation and fault are discussed. Nevertheless, it is concluded that if, in the future, as seems likely, there will be increasing pressure to determine some sort of responsibility allocation, these issues will need to be grappled with head-on. Policy relevance The article demonstrates the need to develop policy which is sensitive to the fine balance struck in the Paris Agreement between responsibility and liability for loss and damage, and prompts an open discussion as to how such responsibility ought to be allocated. It suggests that without such an open discussion, the effects of the Paris Agreement in relation to loss and damage will be limited. © 2016 Informa UK Limited, trading as Taylor & Francis Group. |
| Citation statistics: |
|
| 资源类型: | 期刊论文
|
| 标识符: | http://119.78.100.158/handle/2HF3EXSE/80322
|
| Appears in Collections: | 科学计划与规划
|
|
There are no files associated with this item.
|
|
作者单位: | Department of Land Economy, University of Cambridge, 19 Silver Street, Cambridge, United Kingdom
|
| Recommended Citation: | |
Lees E. Responsibility and liability for climate loss and damage after Paris[J]. Climate Policy,2017-01-01,17(1)
|
|
|