The significance of climate litigation for the political debate on loss&damage

Loss and damage (L&D) due to climate change impacts is already a reality for many people, especially the most vulnerable. So far, there is no prospect of sufficient financial support for dealing with actual L&D within the climate regime (UNFCCC). Where international climate diplomacy doesn’t advance, affected people start to take the legal avenue to address the problem of L&D. Based on this assessment, this paper analyses the status quo of international climate change litigation, revealing how the current court cases are turning an abstract risk of climate claims into a concrete one.