Loss and Damage Justice

At their 27th Conference of the Parties (COP 27) at Sharm el-Sheikh, Egypt, in 2022, parties to the United Nations Framework Convention on Climate Change (UNFCCC) agreed to establish multilateral funding arrangements, including a fund, to address losses and damages arising from climate change in developing countries. They operationalized these arrangements and activated the fund at COP 28 in Dubai, United Arab Emirates, in 2023. We ask what these new funding arrangements should aim to achieve. Developed with qualitative and legal methods, the thesis is that the new funding arrangements should deliver compensation in a manner that is inclusive of particularly vulnerable countries and communities. We make two new, original contributions. First, we construct a conceptual framework for thinking about and guiding action on “loss and damage justice.” Second, to guide the implementation of this framework, we propose a complementary arrangement with two components: a Loss and Damage Fund Expert Body, and dedicated funding for the participation of developing countries in negotiations impacting the L&D Fund.