Armando Rocha, Maria Antonia Tigre et Miriam Cohen, « Loss and Damage and State Responsibility in the Paris Era: Parallel Avenues to Address the Adverse Effects of Climate Change », Climate Law, publication en ligne avant impression, 2026, p. 1-21,
Résumé en anglais:
Ten years after the adoption of the Paris Agreement, loss and damage has been established as a priority in climate action, seeking to assist developing states that are particularly vulnerable to the adverse effects of climate change, namely, through the establishment of the Fund for Responding to Loss and Damage (FRLD). Although loss and damage does not involve a judgment on states’ responsibility, rules on the eligibility and contribution to the FRLD are embedded in the common but differentiated responsibilities principle, and allow those states to obtain funds to cope with the same climate-related harm that can be brought at the exact same time into a judicial dispute. As such, this article assesses the post-Paris evolution on loss and damage and state responsibility, and the potential concerns arising from their interaction.