Year: 2026
Type: article
Abstract: This paper critically assesses the theory of loss and damage developed in Laura García-Portela's (2025) Rectifying Climate Reparations. The keystones in García-Portela’s theory are her “minimal capability” interpretation of loss and damage, her “continuity account” of historical responsibility for climate change, and her “adequacy-for-purpose” account of attribution in climate science. In this paper, I focus primarily on the latter two of these elements. I begin by raising a problem of indeterminacy for the continuity account of historical responsibility. Then, I examine some external and internal limits to the adequacy-for-purpose account of attribution science. Finally, I conclude by raising a broader issue about the conception of reparations that figures within García-Portela’s account.
Author: Jamie Draper
Institution: Utrecht University
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
SDG: Climate action
Open Access status: diamond
OpenAlex ID: W7128504593
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