Page - 53 - in Loss and Damage from Climate Change - Concepts, Methods and Policy Options

2 TheEthicalChallenges in theContextofClimateLossandDamage 53 undeserved L&Ddue to climate variability and extremes.Whatwould be needed is a coordinated redistributive scheme, which could be operationalised under the UNFCCCas thebodywith the largestexpertiseandaclear focusonclimatechange and relevant approaches tocopewith it. Notably,suchaschemeneutralisingundeservedL&Dincorporatingandcombin- ing all of the components ofL&Dmeasuresmentioned in this sectionwill require substantialamountsof funding.EventhoughL&Disaddressed in itsowndedicated Article 8 of the ParisAgreement, no new funding stream for addressingL&Dhas been created. Nevertheless, asMace andVerheyen (2016) point out, Article 8.3’s reference to‘actionandsupport’,whichshouldcomethroughtheWIMandthepar- ties’ action, demandsfinancialmechanisms.With the exception of early voluntary commitments bydeveloped countries to support the insurance component ofL&D measures, it remainsanopenquestionwhatkindofexisting fundingschemescould be accessedorwhich additional fundingwindows shouldbe established to address furthercomponentsofL&Dmeasures.Basedon the twoframingsofcompensatory anddistributive justice, in thenext sectionwesetout toanswer thequestionofwho bearswhat responsibility forprovidingadequate levelsofassistance infinancialand non-financial terms toestablishacomprehensiveportfolioofL&Dmeasures. 2.5 DifferentiatingResponsibilities forL&DMeasures Responsibilitieswillvarydependingonwhetherweareadoptingacompensatoryor adistributiveapproach.Regarding theformerapproach, it isnecessary todetermine whoorwhichgroupshavecontributedtotheharm.Thisischallengingfromthepoint ofviewofattributionscienceaswellastheapplicabilityofnationalandinternational law (cf. chapter on attribution by James et al. 2018 and chapter on legal issues by Simlinger andMayer2018).Regarding the latter approach, redistribution to secure differentiated support for those facingL&Dforundeservedharms is required.This is challenging from the point of view of being considerably more ambitious and counter to theagreementscontainedunder theumbrellaof theUNFCCC.However, sinceweare addressing thedemandsof justice here, itmaybe that justice requires radicalrestructuring.Inthissectionwearguethatinordertobeeffectiveandefficient a scheme to tackle L&Dmust take into account differences in capacity to provide specific support but also communal ties.Under a distributive framing, this leads to anextendedability topayprinciple, incorporatingconsiderationsconcerninghowto mostefficientlyandeffectively remedyundeservedharmduetoL&D.According to thisscheme,dependingonthekindsofL&Datissue,differentcountriesandregions have different duties in light of their abilities to pay. If adopting a compensatory approach, ability to paymight be amitigating factor, but the compensationwould primarily stem from the responsibility agrouphad for theoccurrenceof theharms inquestion. Toclarifythedistinctionbetweenresponsibilityfor theoccurrenceofundeserved harmand responsibility for remedyof harmwe suggest to consider the distinction