Abstract
The state’s liability for damages in the field of climate change remains one of those areas of international law that has not yet been comprehensively regulated. At present, the Warsaw International Mechanism for Loss and Damage, specific to the norms of international climate law, is not an alternative to the general principles of international law regulating responsibility and compensation issues of the states in the sphere of international climate law. The application of customary international legal mechanisms of responsibility of states in relation to climate damage can be a kind of challenge. Both the damage itself and elements such as causation or the possibility of attributing responsibility to the state pose a significant challenge in the sphere of climate protection. On the other hand, it is impossible not to notice that properly applied norms of general international law make it possible to overcome the difficulties arising from the specificity of the responsibility of countries for climate change. The latest jurisprudence of the International Court of Justice in environmental matters creates a framework for the settlement and implementation of possible liability for damages in the area of climate change.
Highlights
The responsibility of states in the field of environmental protection poses a significant challenge
It is necessary to analyze the applicability of the general principles of international legal liability of states for environmental damage to climate change-related damage, as well as the effectiveness of specific liability regimes in this area that are evolving under the new emerging field of international environmental law - climate protection law4
In the context of the specific grounds for the implementation of international legal responsibility in climate protection, a special role is played by the Paris Agreement20, and especially the Warsaw International Mechanism for Loss and Damage contained therein, which was adopted during the Conference of the States Parties to the Convention in Warsaw (COP19)
Summary
The responsibility of states in the field of environmental protection poses a significant challenge. The need to determine the principles of state responsibility in the area of climate change seems urgent This is because they are described as the most substantial damage caused by human beings to other human beings in the entire history of our species. Janina Ciechanowicz-McLean, Prawo ochrony klimatu (Warsaw: Powszechne Wydawnictwo Prawnicze, 2016), 11–12. With respect to environmental damage, the principles of legal international responsibility of states appear to serve two basic functions. They reinforce first-level norms derived from numerous international treaties and custom in the area of environmental protection and environmental damage prevention. This justifies the high likelihood of damage claims in the specific area of climate law
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