Climate Change Reparations and the Law and Practice of State Responsibility

(2016) 7 Asian Journal of International Law 185-216

28 Pages Posted: 15 May 2017

See all articles by Benoit Mayer

Benoit Mayer

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: October 9, 2016

Abstract

It has been argued elsewhere that industrial states were legally responsible for interfering with the climate system by failing to prevent excessive greenhouse gas emissions. This paper determines the international legal principles relevant to the remedial obligations of industrial states. It assumes that climate change reparations should aim first at providing a signal for the cessation of the wrongful act (i.e. incentivizing climate change mitigation) rather than addressing the injury. A review of state practice in different fields suggests the existence of relevant exceptions to the principle of full reparation. These exceptions relate to the financial capacity of responsible states, the indirect nature of the injury, considerations of “culpability”, and the limitations of collective responsibility as “rough” justice. Accordingly, it is suggested that climate change reparations should be limited to partial compensation and symbolic measures of satisfaction prone to incentivize climate change mitigation.

Keywords: state responsibility, climate change, reparation, compensation

Suggested Citation

Mayer, Benoit, Climate Change Reparations and the Law and Practice of State Responsibility (October 9, 2016). (2016) 7 Asian Journal of International Law 185-216, Available at SSRN: https://ssrn.com/abstract=2914120

Benoit Mayer (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

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