ABSTRACT

Chapter 4 addresses the issue of reparations. We discuss how reparation is conceptualized in transitional justice, focusing on compensation, restitution, rehabilitation, satisfaction, and efforts to promote nonrecurrence in interstate and intrastate reparative efforts. Given how contentious the issue of reparations has been in the climate context, we suggest separating the issues of responsibility and repair to take a nonpunitive approach to reparations aimed explicitly at ameliorating climate-related harms. We propose a pathway in which a Reparations Commission housed within the UNFCCC could facilitate the creation of a much broader set of resources and forms of repair than currently included in the climate context. This commission would also work to connect community-based claims of harm to appropriate reparations. Because climate harms will evolve depending on global mitigation efforts, we propose a dynamic reparations process tied to these achievements.