On the liability of small island States to compensate for loss and damage associated with climate change impacts

Small island States are one of the main victims of climate change and, owing to their low sea level, are greatly threatened by sea-level rise and glacier melting as a result of climate change. At present, although the international community has reached a certain consensus on loss and damage due to climate change, the concept and nature of loss and damage due to climate change have not been clearly defined. Academics have different views on the determination of liability for damage caused by loss due to climate change. The characteristics of damage caused by loss due to climate change and the proof of liability show that it should not be simply confused with «transboundary damage», and the responsibility and liability of the actors for the results of the damage should not be punitive liability, but should be defined as a liability that is different from traditional State responsibility and liability. Rather, it should be defined as a «special liability» distinct from traditional State responsibility and liability. The practical dilemma in realizing liability for damages for losses caused by climate change lies in the fact that a series of climate change treaties, such as the United Nations Framework Convention on Climate Change, have not clarified the legal basis for compensation, the difficulty in identifying the subject of liability, the lack of a mandatory mechanism, and the insufficiency of the climate fund mechanism. The international community should clarify the legal basis for climate change-induced losses and damages, while utilizing other rules of international law, customary international law and the Climate Convention to complement each other. In addition, the identification of the responsible parties should be clarified, mandatory mechanisms for the realization of liability should be increased, the sources of climate funds should be broadened, the distribution of climate funds in small island States should be improved, the main contributors and the amount of contributions should be clarified, and international cooperation in compensating for the losses and damages caused by climate change in small island States should be carried out in a concerted manner.