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Title
The Loss and Damage Fund: A Solution to Interpretive Conflicts of Responsibility for Climate Change?
Type of Research Article
Keywords
Loss and damage Fund · The Rashomon effect · UNFCCC · Climate change law · COP28 · Legal responsibility
Abstract
Today, developed and developing countries, each based on their economic, political, and geographical background, have a different interpretation of the causes and consequences of climate change, so that each of them, based on different but believable and convincing statistics and principles, accuse each other of causing climate change and being responsible for its consequences. One of the most recent initiatives to reconcile the contradictory interpretations of the parties was to establish the loss and damage Fund in COP27 and its operationalization in COP28. Can the operationalization of the Fund be a decisive resolution in the field of contradictory interpretations between the parties regarding the responsibility caused by climate change? The recent study shows that due to different political and economic backgrounds, each party has contradictory interpretations regarding the causes and consequences of climate change based on different legal principles and scientific data. Although the mere establishment of the Fund is a positive step to reconcile these contradictory perceptions, the conflicting interpretations, especially regarding the finance recipients and contributors, indicate that the tragic story of the responsibility for climate change still has an open and ambiguous ending.
Researchers Hojjat Salimi Turkamani (First Researcher)