Special Issue on ‘Loss and Damage in Africa: Legal and Policy Aspects’ Deadline: 2023

Loss and Damage (L&D) debate has been contentious within the international climate negotiations because of questions of fairness and equity associated with the historical responsibility for climate change. Developing countries contend that developed countries have historical responsibility for climate change given the fact that they have produced the lion’s share of emissions, and consequently, called for compensation from developed countries to help address L&D that have already occurred and to reduce future L&D. The incorporation of a loss and damage provision in the Paris Agreement insures that the issue occupies an important place in international climate policymaking.  At the 27^th Conference of the Parties to the UNFCCC, held in Sharm El Sheikh in 2022, a momentous decision was made to establish a dedicated fund to assist developing countries in responding to L&D.  Also, forming part of the decision is the establishment of a ‘Transitional Committee’ to make recommendations on how to operationalize the funding arrangement.  However, the elements of the new funding mechanism, including potential funding sources and the scope of its application, which should inform the work of the committee, are yet to be clarified.  Generally, gaps remain in the knowledge about the interface of L&D with vulnerable populations in Africa and appropriate legal and/or policy responses.

This special issue of AJCLJ aims to improve the understanding of the relevance and role of law and policy in various issues relating to L&D with a particular focus on Africa. We invite papers that engage with the ways in which law and policy in different jurisdictions in Africa relate or may relate to L&D. Manuscripts may employ  methodologies including doctrinal, comparative, or interdisciplinary.

Manuscripts could address any or combination of the following themes:

• The conceptual basis for L&D and funds
• African participation and contribution to the climate change L&D debate
• The interface of L&D with vulnerability and human rights law
• The interface of international and African climate law in the context of L&D
• Areas of cooperation listed under article 8(4) of the Paris Agreement
• The role of businesses/corporation in L&D and climate change
• The role and challenges of the civil society in Africa in L&D interventions
• Relationship of national law and policy on climate change with L&D
• L&D and climate litigation in Africa

 Expressions of interest should be sent to Professor AO Jegede, (ademola.jegede@univen.ac.za  and ademolajegede@gmail.com)