The US, Its Silent Allies and the Compensation Phantom
Let’s rewind a bit. In a loss and damage special edition of ECO last June, we supported LDC’s calls for compensation language in the text. However, in a laudable response to concerns expressed by the US and other developed countries about this language—and in a powerful display of unity—the G77 agreed to remove this language from the text.
That really should have been the end of the story. Rather than seeing it as the constructive bridging proposal that it was, the EU stonewalled; others stayed silent, while the US, having wanted to exclude the text entirely, is now pushing for specific language in the text to exclude compensation and liability.
Are there legal reasons to do this? ECO says no. The lack of reference to compensation in both the bridging proposal and compilation text means, well, no reference to compensation. The language, with its talk of exploration and approaches, is far from anything that could be relied on to establish liability on a legal basis.
... Read more ...