Compensation in Civil Liability/Tort Law Climate Lawsuits Against a State at Domestic Courts

Abstract

This paper examines the evolving landscape of compensation claims against States in domestic climate litigation, focusing on States’ failure in mitigation and adaptation and on climate Loss and Damage. Using doctrinal, case-law and empirical analysis, it explores how courts address compensation requests and the challenges associated with causation, quantification, and legal standing. Firstly, we will start by explaining the difference between climate mitigation and climate adaptation claims and climate-induced Loss and Damage claims. Since climate-induced Loss and Damage do not have a unique definition around scholars, law practitioners and in international treaties, this article will delve into the various concepts and elements that compose this notion. Then, it will analyse the few compensation claims filed in adaptation and mitigation lawsuits and in Loss and Damage lawsuits. Furthermore, it will refer to the challenges in determining compensation in lawsuits against a State for climate Loss and Damage, namely the establishment of causal link, the quantification of harm, legal standing, etc.. The paper concludes that compensation claims against States remains uncommon but may become increasingly significant as a strategic mechanism to encourage States to strengthen climate justice.

Keywords: climate adaptation; climate litigation; climate mitigation; compensation; Loss and Damage; State litigation at domestic courts; quantification.