Loss & Damage Associated with Climate Change: The Legal and Institutional Context in Bangladesh

Loss & Damage Associated with Climate Change: The Legal and Institutional Context in Bangladesh

Need for adequate national policies and legal frameworks: case study from Bangladesh

While negotiations on loss and damage are taking place at the global level, loss and damage resulting from climate change impacts is happening at the local level. The authors argue that therefore, vulnerable countries like Bangladesh need to develop national policies and legal frameworks to deal with loss and damage without waiting for agreed outcomes on loss and damage from the UNFCCC process. This study examines the scope and limitations of existing regulatory frameworks and explores options to develop national legal and institutional frameworks in Bangladesh to deal with loss and damage stemming from climate change impacts.

The research finds that existing legal and policy frameworks provide a limited scope to assess and address both the current and potential future risk of loss and damage associated with the adverse impacts of climate change. However, the provisions of existing policies and laws related to addressing environmental harm, disaster risk management, resettlement and relocation as well as climate change and adaptation finance provide the basis to establish a legal and institutional framework to deal with loss and damage in Bangladesh.

Taking into account existing and potential future loss and damage associated with climate change, this study outlines elements of legal and institutional mechanisms that will need to be developed in order to assess the risk of and address loss and damage. The authors also assesses the existing financial mechanisms in Bangladesh related to adaptation to climate change and find current mechanisms inadequate to address future loss and damage. They recommend establishing a specific funding window within existing financial mechanisms or a developing a separate financial mechanism to compensate communities affected by loss and damage from climate change impacts.  

In conclusion, it is highlighted that ultimately the countries that have contributed most to climate change must – not only ethically but also under international law – assume responsibility to assist such national efforts with required financial and technical support. 

[Taken from the source]

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