Loss and damage in brief
Contents |
[edit] Introduction
The term loss and the term damage has very specific legal definitions in different circumstances, particularly in the construction industry. Internationally it is associated with loss or repairable damage that has been caused by the manifestations or impacts of climate change.
[edit] Construction contracts
Loss in the construction industry, generally relates to losses incurred by one or more parties to the construction contract, such as in the term loss and expense. Damages relating to a breach of contract are intended to be a measure of compensation relative to failure of contractual promises. The award of damages in respect of tortious liability is intended to place an innocent party back in the position they were before the breach of the duty, thus awards of damages for breach of contract may be greater than awards of damages in tort.
[edit] International negotiations
Internationally, loss and damage or (L&D) is a somewhat interpretable phrase but one that refers to permanent loss or repairable damage caused by the manifestations of climate change. Its use, definition and management is contentious; it may include extreme and sudden weather events, but also the slower onset of climatic change such as sea level rise or desertification. It can also be used in reference to both economic and non-economic loss, such as loss of life, ecosystem loss, loss of cultural heritage, or settlements.
[edit] Origins at the Conference of Parties (COP)
The joint term loss and damage was initially used during UN climate negotiations in the early 1990's when the Republic of Vanuatu, a small island country located in the South Pacific Ocean, proposed creating an insurance scheme for countries likely to be impacted by rising sea levels, later coming to be known as the Alliance of Small Island States (AOSIS).
In the 2009 COP in Copenhagen, developed countries agreed to mobilise $100 billion (€101bn) a year by 2020. COP 17 agreed to continue technical work under three thematic areas, and national and international approaches and mechanisms. At COP18 in 2012 parties acknowledged the necessity of strengthening institutional arrangements to address L&D in particularly vulnerable developing countries.
In 2013 at COP 19 the Warsaw International Mechanism (WIM) was established to “address loss and damage associated with impacts of climate change, including extreme events and slow onset events, in developing countries that are particularly vulnerable to the adverse effects of climate change” (Decision 2/CP.19). The levels and payments of compensation have continued to be a matter of contention throughout following COP meetings.
At COP26 in Glasgow, developing nations stated the fund should be paid by large emitters, in grants rather than loans and in 2021 Denmark and Scotland agreed to pay set amounts as part of the loss and damage mechanism. Indication from the UN emissions gap report found levels being paid were around 34 per cent of the total amount initially agreed in 2009.
In 2022 at the COP27 negotiations in Egypt, funding arrangements for loss and damage were included on the formal agenda, it continues to be a key issue to be resolved.
[edit] Related articles on Designing Buildings
- Damages in construction contracts.
- Loss in the construction industry.
- Climate change science.
- Climate adaptation.
- Adaptability.
- Building flood resilience.
- Business resilience.
- Hurricane design considerations.
- Risk assessment.
[edit] External references
- https://unfccc.int/topics/adaptation-and-resilience/the-big-picture/introduction-to-loss-and-damage
- A. DURAND, S. HUQ, “Defining Loss and Damage: Key Challenges and Considerations for Developing an Operational Definition”, International Centre for Climate Change and Development, 2014.
Featured articles and news
From the UKs largest manufacturer and supplier of lime.
From mud bricks to smart concrete
A brief history from 7000BC to a future on the moon.
Regulator of Social Housing publishes latest fire safety report
Covering remediation of 11 metre plus social housing sector buildings.
Apartment and Duplex Defects Remediation Bill 2024
Approved for priority drafting by Government of Ireland.
The long list with in the frame of key historical events.
Competence frameworks for sustainability in the built environment
Code of practice, core criteria consultation draft for comment.
UK Net Zero Carbon Buildings Standard Sept update
Pilot version for testing and feedback on its adoption due.
New Floods Resilience Taskforce
With a wet met office autumn prediction.
National Retrofit Hub takeover of Net Zero stage
At Birmingham UK Construction Week in October.
AT Awards 2024 finalists announced
With more to come, prior to the Awards ceremony in October.
London construction cools as hotspots appear nationally
Increases in the East of England, Yorkshire and Scotland.
ARB proposals for a new Architects Code
Announced in the shadow of the final Grenfell Inquiry report.
Combining human creativity and tech innovation now and in the future
Building automation and control systems market study
BSRIA 2024 North America BACS software & services.
Impact of digital technology on productivity in construction
New CIOB academy guidance for companies of all sizes.
Demolition and retrofit approaches in Planning Policy
MHCLG demolition and retrofit survey to inform future updates to national planning policy.
Expert taskforce to spearhead new, new town generation
Sir Michael Lyons given 12 months for recommendations.
Government policy statement on new towns
A coded vision for a new generation of new towns.
Comments
[edit] To make a comment about this article, click 'Add a comment' above. Separate your comments from any existing comments by inserting a horizontal line.