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Part II Analysis of the Provisions of the Agreement, 13 Loss and Damage (Article 8)

Linda Siegele

From: The Paris Agreement on Climate Change: Analysis and Commentary

Edited By: Daniel Klein, María Pía Carazo, Meinhard Doelle, Jane Bulmer, Andrew Higham

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 02 December 2022

Climate change — Treaties, amendments and modification — Treaties, application — Treaties, interpretation

This chapter examines Article 8, which addresses the loss and damage associated with the adverse effects of climate change. Its placement in the Agreement separates it from adaptation, signalling that loss and damage carries with it a unique set of cross-cutting issues. There are few ‘action-orientated’ provisions in Article 8 and its accompanying Decision 1/CP.21. However, the operation of the Warsaw international mechanism for loss and damage associated with climate change impacts (‘Warsaw International Mechanism’ or WIM), which was established two years prior to the adoption of the Paris Agreement, is already underway. The WIM's current plan of work already covers many of the areas of cooperation set out in Article 8.4 of the Agreement, including comprehensive risk management, slow onset events, and non-economic losses.

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