Reconceiving State Accountability In The Climate Crisis: The Legal Evolution Of 'Climate Reparations' And Its Integration With Treaty-Based Obligations Under International Environmental Law

Abstract

The escalating severity of the global climate crisis has prompted a critical reassessment of state responsibility under international law. This paper explores the emerging legal concept of climate reparations—a mechanism demanding states most responsible for greenhouse gas emissions to provide financial, technical, and restorative compensation to affected nations and communities. While historically marginalized in international discourse, climate reparations have gained renewed attention in the context of rising climate-induced loss and damage, particularly within the Global South. This study critically analyzes the normative evolution of climate reparations, tracing their trajectory from moral advocacy to prospective legal obligation. Drawing on doctrinal legal analysis, the research examines how climate reparations align with and diverge from treaty-based obligations under international environmental law, including the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, and principles of customary international law. It evaluates the extent to which these instruments embed or fall short of enforceable reparative duties, especially concerning the principles of common but differentiated responsibilities (CBDR), equity, and historical accountability. Through case studies and comparative treaty analysis, the paper identifies a growing convergence between reparative justice discourses and the formal architecture of international environmental law. The paper investigates recent developments such as the establishment of the Loss and Damage Fund under COP27 and ICJ advisory opinion proceedings on climate obligations, situating them as pivotal moments in the shift from voluntary commitments to enforceable liabilities. The study advocates for an integrated legal framework where climate reparations are not seen merely as ethical imperatives, but as integral to treaty compliance and global environmental justice. This reconceptualization of state accountability underpins a broader legal transformation toward intergenerational equity and systemic climate justice, offering pathways for institutional reform and stronger compliance mechanisms within the existing international legal order.