2023]
SPECTER OF STATELESSNESS
343
This goes far beyond the mere loss and damage “dialogue” put in place at
Glasgow. While the precise arrangement of these funding requirements have not
yet been established, a loss and damage “transitional committee” is working
throughout the year in the run up to COP-28 in Dubai, United Arab Emirates. This
committee’s goal is to make specific recommendations on how to operationalize
the loss and damage fund. Relatedly, climate negotiators in Egypt made further
progress to operationalize the Santiago Network for Loss and Damage. This provides technical assistance to developing nations vulnerable to the climate effects.
Despite their promises to alleviate harm caused to the most vulnerable nations —
and recent progress at Egypt—it remains to be seen when and to what extent the
world’s largest carbon emitters will fund loss and damage.75 Still, the establishment of a loss and damage fund and the request for an ICJ opinion demonstrate
recent progress on loss and damage, insuring that this will remain alive on the
international climate agenda. And the Alliance of Small Island Developing
States (“AOSIS”) will continue to play a role as the conscience of climate negotiators. Weighty questions arise. What does climate justice mean for the billions
in the Global South and the developing world? What is the role of international
governance in this crisis? What is the responsibility of the developed world to
the developing world?
III. ENVISIONING AN INCREASED ROLE FOR A “CLIMATE-SECURITY” COUNCIL
Climate change has been aptly described as a “super-wicked problem” and the
“mother of all collective action problem[s].”76 It will result in mass migration,
starvation, pandemics, and cascading levels of armed conflict.77 The resulting
uptick in conflicts over natural resources and food will require increased Security
Council engagement. As such, the Council should take proactive steps today to
ameliorate future human suffering and conflict before it happens. It has the legal
authority to do so, but political realities exacerbated by Russia’s invasion of
Ukraine have hampered Council action on climate.
A.
LEGAL AUTHORITIES
& RECENT ACTION ON CLIMATE
Beyond the questions swirling around loss and damage, the specter of statelessness strikes at the heart of the U.N. Charter’s emphasis on sovereignty, inviting a
greater role for Security Council engagement. After all, the Council plays a
75. See Michael Jacobs, Reflections on COP26, 93 POL. Q. at 276 (2021).
76. See Richard Lazarus, Super Wicked Problems and Climate Change: Restraining the Present to
Liberate the Future, 94 CORNELL L. REV. 1153 (2009); Steven R. Brechin, Climate Change Mitigation
and the Collective Action Problem: Exploring Country Differences in Greenhouse Gas Contributions,
31 SOCIO. F. 846, 846 (2016) (describing climate change as the collective action problem of our era).
Daniel Bodansky, Climate Change: Reversing the Past and Advancing the Future, 115 AM. J. INT’L. L.
UNBOUND 80 (2021).
77. For an overview of climate change’s security implications, see CTR. FOR NAVAL ANALYSIS,
NATIONAL SECURITY AND THE THREAT OF CLIMATE CHANGE (2014).
Electronic copy available at: https://ssrn.com/abstract=4223806