Climate loss and damage in Pacific Island States: International law implications of evolving climate science

Abstract

This article discusses the implications of recent developments in climate science for the efforts of Pacific Island States to avert, minimize and address loss and damage from climate change through international law. It discusses these implications in connection with three areas of international law pertaining to loss and damage: averting the threat of existential losses; minimizing loss and damage through adaptation and climate resilience; and addressing loss and damage through reparations for victims. As the article demonstrates, evolving climate science highlights the need for urgent action in each of these areas while providing fresh insight into the specific requirements for compliance with States’ international obligations related to such action. It examines how these obligations can be met through the established mechanisms of the international climate regime, including the Warsaw International Mechanism on Loss and Damage associated with Climate Change Impacts. Further, it explores how, and to what extent, evolving climate science may bolster the evidentiary basis of climate cases seeking to hold States to account for failing to meet these obligations.