A systematic review of guiding legal and policy framework on climate-induced loss and damage

Abstract Prior to the establishment of the Warsaw International Mechanism in 2013, climate-induced loss and damage (CILD) was not a significant aspect of global climate change conversations. This was followed by tangible financial concessions during COP27, signalling further global commitments. This...

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Main Authors: Olubunmi Afinowi, Godwell Nhamo
Format: Article
Language:English
Published: Springer 2025-07-01
Series:Discover Sustainability
Subjects:
Online Access:https://doi.org/10.1007/s43621-025-01363-x
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author Olubunmi Afinowi
Godwell Nhamo
author_facet Olubunmi Afinowi
Godwell Nhamo
author_sort Olubunmi Afinowi
collection DOAJ
description Abstract Prior to the establishment of the Warsaw International Mechanism in 2013, climate-induced loss and damage (CILD) was not a significant aspect of global climate change conversations. This was followed by tangible financial concessions during COP27, signalling further global commitments. This research examines the legal perspectives of CILD, contextualising the CILD regime in the light of legal principles around climate change, liabilities, compensation and other relevant principles. The overarching research objective is to assess guiding legal and policy frameworks on CILD and identify areas for improvement in policy development and decision-making at the national level. Through the application of the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) protocol version 2020, a systematic review of literature on legislation and other ethical and normative frameworks relating to CILD, human rights, and climate change action is performed. Both the Scopus and Web of Science databases are used to retrieve data. The key findings are that the legal regime for CILD is an emerging area at the national and sub-national levels. Additionally, CILD policies at various levels do not adequately incorporate structures for liability, compensation, and human rights considerations, as well as the necessity for collaboration across governance levels. Based on the findings, individual governments must determine suitable liability and compensation regimes that address CILD within their countries.
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spelling doaj-art-db675d3d9ba64dc092bf053d11bfca992025-08-20T03:42:39ZengSpringerDiscover Sustainability2662-99842025-07-016114010.1007/s43621-025-01363-xA systematic review of guiding legal and policy framework on climate-induced loss and damageOlubunmi Afinowi0Godwell Nhamo1Institute for Corporate Citizenship (ICC), College of Economic and Management Sciences, University of South AfricaInstitute for Corporate Citizenship (ICC), College of Economic and Management Sciences, University of South AfricaAbstract Prior to the establishment of the Warsaw International Mechanism in 2013, climate-induced loss and damage (CILD) was not a significant aspect of global climate change conversations. This was followed by tangible financial concessions during COP27, signalling further global commitments. This research examines the legal perspectives of CILD, contextualising the CILD regime in the light of legal principles around climate change, liabilities, compensation and other relevant principles. The overarching research objective is to assess guiding legal and policy frameworks on CILD and identify areas for improvement in policy development and decision-making at the national level. Through the application of the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) protocol version 2020, a systematic review of literature on legislation and other ethical and normative frameworks relating to CILD, human rights, and climate change action is performed. Both the Scopus and Web of Science databases are used to retrieve data. The key findings are that the legal regime for CILD is an emerging area at the national and sub-national levels. Additionally, CILD policies at various levels do not adequately incorporate structures for liability, compensation, and human rights considerations, as well as the necessity for collaboration across governance levels. Based on the findings, individual governments must determine suitable liability and compensation regimes that address CILD within their countries.https://doi.org/10.1007/s43621-025-01363-xSDG13Climate actionLoss and damageLiabilityUNFCCCCompensation
spellingShingle Olubunmi Afinowi
Godwell Nhamo
A systematic review of guiding legal and policy framework on climate-induced loss and damage
Discover Sustainability
SDG13
Climate action
Loss and damage
Liability
UNFCCC
Compensation
title A systematic review of guiding legal and policy framework on climate-induced loss and damage
title_full A systematic review of guiding legal and policy framework on climate-induced loss and damage
title_fullStr A systematic review of guiding legal and policy framework on climate-induced loss and damage
title_full_unstemmed A systematic review of guiding legal and policy framework on climate-induced loss and damage
title_short A systematic review of guiding legal and policy framework on climate-induced loss and damage
title_sort systematic review of guiding legal and policy framework on climate induced loss and damage
topic SDG13
Climate action
Loss and damage
Liability
UNFCCC
Compensation
url https://doi.org/10.1007/s43621-025-01363-x
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