This summer, under the guidance of Professor Arpitha Kodiveri, Sahaj Sharma, and I worked to develop a legal framework and synthesis report to assist climate lawyers in quantifying climate-induced loss and damage, with a focus on Indigenous communities in the Global South. This topic is tremendously important and under-researched in the space of climate law, and is becoming one of the most impactful legal concepts in all of climate litigation. Specifically for Indigenous communities who feel the brunt of the increasingly dire effects of climate change, loss and damage litigation could be one of the most useful ways for individuals/communities to get compensated for both economic and non-economic (cultural erosions, loss of traditional ways of life, e.g.) damages.

To begin our research, we started by reading and analyzing almost every climate-related case that has been brought to a court in legal jurisdictions across the entire world, and found around 21 that involved loss and damage compensation/reparation claims. After going through all 21 in detail, we decided on 10 that would be relevant and meaningful to our research within jurisdictions such as Ecuador, Uganda, Indonesia, Switzerland (transnational), etc. Then, we began the long and intellectually stimulating process of developing an expansive literature review that encompassed all aspects of loss and damage research, with a specific focus on the non-economic aspects of L&D (NELD). This research helped us fully contextualize this complex issue and provided us with the necessary tools to find real solutions that would be impactful for litigators in the space.

After refining our literature review, we began reaching out to and interviewing experts in the field, aiming to gain further insight into how these frameworks and methodologies are actually applied in legal argumentation. Some of our most notable interviewees include Johanna Gusman, a Senior Attorney at the Center for International Environmental Law; Sara Seck, a Professor of Law at the Schulich School of Law; and Robin Gregory, a Senior Scientist and Professor at the Institute for Resources, Environment and Sustainability, University of British Columbia. These conversations provided us with invaluable insight into what challenges litigators have faced within differing court jurisdictions, and both their optimism and pessimism towards the current global climate legal regime.

Although this project will be extended into the upcoming academic year, the research and effort invested in building the foundation for the report this summer have been incredibly rewarding. Additionally, along with the report, Professor Kodivieri, Sahaj, and I are in the process of publishing a three-part paper discussing tort law, insurance mechanisms, and the recent International Court of Justice Advisory Opinion in relation to L&D litigation. Altogether, we are all hopeful our work will have an immense impact in developing L&D cases all over the globe.