Open Access

Charles Hans Opoku

• As the effect of climate change escalates, critical discourse has evolved from a mere scientific inquiry to a vital consideration of global justice. Decades of radical experiments in open negotiations, linked to rhetoric and liberal donations, have characterized the pronounced inequalities in the relationship between the carbon-intensive economies and the Global South. Efforts to establish an international legal agreement have so far foundered on deep climate justice issues, and the existing legal framework limits fair remedies for the most vulnerable and least responsible. This study contributes to the growing body of scholarship on climate justice by examining how and with what effect court actions and a valid clause advance the discourse on loss and damage. A multi-phase approach used for an extensive analysis of peer-reviewed articles and policy documents emphasizes the outcome of loss and damage claims across different jurisdictions. Recognizing that the term ‘climate lawsuit’ is no longer in its infancy, this study offers provocative and unconventional responses to critical justice issues. The largely unexplored potential for legally binding provisions, which hold considerable promise for advancing multilateral negotiations, is examined. To supplant the archival and literature review, this study contextualizes normative claims about the influence of court actions and the relevance of a legally binding loss and damage clause in multilateral negotiations. In this regard, the findings of this study highlight the practice-embedded perspectives of experts regarding loss and damage. The study then provides recommendations on how vulnerable countries can leverage effective national climate insurance and tax policies, along with standard ESG reporting, to enhance climate resilience. Furthermore, innovation and technological support from the Global North, focused on equity, can empower developing nations to optimize economic growth and transition to green energy.