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Lawsuit for loss and damage a last resort for Pacific: PIDF

November 15, 2017 5:27 pm

No litigation in the context of Loss and Damage has ever been attempted in the Pacific.

Pacific Islands Development Forum Secretary General Francois Martel says litigation is often the last resort for Pacific leaders, although it is clear where compensation should come from.

Martel says there are 25 large companies who are the overall culprits responsible for around 75 % greenhouse gas emissions and that almost everyone knows all the key reserves and are exploiting and exporting coal, oil and gas.

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However, he says the challenge lies in proving the climate change, its impact for a specific country and on a specific event.

He says lots of case studies have been written in building the narrative for litigation for Loss and Damage in the Pacific but there has been no litigation so far because it is the last resort for many of the Pacific leaders.

Martel says migration is a key issue of damage and the question is if it is going to be permanent or temporary.

Martel says the Pacific Climate Treaty, put together after the Paris Climate Talks sets out the particulars for the issue of Loss and Damage.

The Treaty recommends the setting up of a compensation fund that will be adjoined to the individual country – to connect the fund from compensation and litigation in the future.

The Treaty, expected to be ratified in 2018 would ban or phase out fossil fuels and set goals for renewable targets set by the Paris climate talks.

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