On the liability of small island States to compensate for loss and damage associated with climate change impacts

Small island States are one of the main victims of climate change and, owing to their low sea level, are greatly threatened by sea-level rise and glacier melting as a result of climate change. At present, although the international community has reached a certain consensus on loss and damage due to climate change, the concept and nature of loss and damage due to climate change have not been clearly defined. Academics have different views on the determination of liability for damage caused by loss due to climate change.

The characteristics of damage caused by loss due to climate change and the proof of liability show that it should not be simply confused with «transboundary damage», and the responsibility and liability of the actors for the results of the damage should not be punitive liability, but should be defined as a liability that is different from traditional State responsibility and liability. Rather, it should be defined as a «special liability» distinct from traditional State responsibility and liability.

The practical dilemma in realizing liability for damages for losses caused by climate change lies in the fact that a series of climate change treaties, such as the United Nations Framework Convention on Climate Change, have not clarified the legal basis for compensation, the difficulty in identifying the subject of liability, the lack of a mandatory mechanism, and the insufficiency of the climate fund mechanism. The international community should clarify the legal basis for climate change-induced losses and damages, while utilizing other rules of international law, customary international law and the Climate Convention to complement each other.

In addition, the identification of the responsible parties should be clarified, mandatory mechanisms for the realization of liability should be increased, the sources of climate funds should be broadened, the distribution of climate funds in small island States should be improved, the main contributors and the amount of contributions should be clarified, and international cooperation in compensating for the losses and damages caused by climate change in small island States should be carried out in a concerted manner.

1. Lin Canling. International Environmental Law (revised edition). — People’s Publishing House, 2011.

2. Tian Danyu. Research on the International Fund Mechanism for Responding Climate Change. — China University of Political Science and Law Press, 2015.

3. James and Watts. Auburn Sea International Law, translated by Wang Tiya, [etc.]. — Encyclopedia of China Press, 1995.

4. Posner Weesach: Justice of Climate Change, translated by Li Zhi and Zhang Jian. — Beijing : Social Sciences Academic Press, 2011.

5. Susan Maxwell. Successful practice of climate change adaptation science and policy [M]. Qu Jiansheng [et al.]. — Beijing : Science Press, 2017.

6. Xu Jian. The expansion of international environmental law in the context of global governance [M]. — Beijing : Intellectual Property Press, 2014.

7. China Clean Development Mechanism Fund Management Center. Climate Change Financing [M]. — Beijing : Economic Science Press, 2011.

8. Chen Yuanxin. Research on the international carbon tax system in the perspective of global environmental justice [M]. — Beijing : China University of Political Science and Law Press, 2017.

9. Zhang Huanbo, et al. The Paris Agreement: a global milestone in tackling climate change [M]. — Beijing : China Economic Press, 2017.

10. Tian Yudan. The International Research on the Funding Mechanism for Responding to Climate Change [M]. — Beijing : China University of Political Science and Law Press, 2015.

11. Zhang Liping, Zhang Miao. Environmental hazards science [M]. — Beijing : Science Press, 2008.

12. Chen Yanhong. Carbon tax issues under the multilateral trading system [M]. — Beijing : Social Sciences Academic Press, 2016.

13. Zhou Ke. Environmental legal thinking on tackling climate change [M]. — Beijing : Intellectual Property Press, 2014.

14. Tang Yingxia. International Climate Change governance: System and Path [M]. Tianjin: Nankai University Press, 2015.

15. Tian Miao seedlings. On the national liability for the loss and damage of climate change [J] // Social Science in Henan Province. 2023. 31 (03):79—86.

16. Lin Canling. Compensation liability for losses and damages caused by climate change // Journal of China University of Political Science and Law. — 2016. — No. 6.

17. Jiang Xiaoyi, Qin Tianbao. A brief analysis of the compensation for cross-border damage caused by climate change, published in the Learning Forum. — 2012. — No. 11.

18. He Xiaojia et al. Enlightenment of the International Mechanism for China on the Loss and harm of Climate Change, published in China’s Population // Resources and Environment. — 2014. — No. 5.

19. Cao Yabin. The Union of Small Island States in the Global Climate Negotiation [J] // Modern International Relations. — 2011. — (08): 39—43+51.

20. Wang Suchun, Xu Feng. Climate justice: What is possible, what Principles [J] // Jiang Hai Academic Journal. — 2011. — (03):130—135.

21. Gong Yu. State responsibility for climate change damage: Unreal or realistic [J] // Modern Law. — 2012. — 34 (04):151—162.

22. Li Liangcai. Research on damage compensation and national liability for climate change [J] // Northeast Asia Forum. — 2012. — 21 (01): 50—61.

23. Zheng Yan, Liang Fan. The principle of climate fairness and the construction of the international climate system [J] // World Economy and Politics. — 2011. — (06):69—90+158—159.

24. Marbo. International law challenges to small island states and response — «China-Small Island States» cooperation outlook [J] // Studies on International Law. — 2018. — (06):46—60.

25. Zhang Chenyang. The International Study on the Loss and Damage of Small Island States due to climate change [J] // Pacific Journal. — 2017. — 25 (09):11—23.

26. Wu Weimo, Liu Shiquan, Zhao Rudong, Wu Jiaping. Climate change challenges and coping strategies for SIDS — Take the Republic of Seychelles as an example [J] // Science and Technology Bulletin. — 2016. — 32 (04): 48—54+58.

27. Gong Yu. Form of liability for trans-boundary damage [J] // Journal of International Economic Law. — 2012. — 19 (01): 234—258.

28. Wang Qi. Analysis of climate change loss and damage relief path under the perspective of climate justice [J] // Chinese population, Resources and rings Environment. — 2016. — 26 (12):31—38.

29. Cheng Yu. Rules of International Law on climate change [J] // Pacific Journal. — 2016. — 24 (11):12—22.

30. Liu Shuguang, Yin Peng, Duan Perry. International research progress on the impact of sea level rise on islands and its countermeasures [J] // Resource Development and Market. — 2017. — 33 (08): 958—962+1025.

31. Liu Changsong. The dispute between the «right to development» and the «right to survival» in the climate negotiation — Also on the climate equity between the small island countries and the least developed countries [J] // Developmental Research. — 2016 (03):17—20.

32. Chen Xiao. Defending the egalitarian principles of climate justice — and reviewing Posner’s International Pareto Theory [J] // Academic intercourse stream. — 2018. — (01):54—60.