The Global Pact for the Environment: Implications for Climate Change Loss and Damage

Loss and damage due to climate change is a controversial and difficult topic in international climate negotiations, with a number of significant challenges yet to be resolved in relation to recognition, attribution, liability, and compensation. Separately, negotiations have commenced on the draft Global Pact for the Environment, which seeks to enshrine environmental soft law principles into a legally binding agreement between States. This article considers the implications of the draft Pact in progressing the challenges of loss and damage, and finds that the draft Pact has the potential to influence State negotiating positions on loss and damage, as well as supporting judicial interpretation and enforcement in climate change-related cases.