Parametric Insurance as an Alternative to Liability for Compensating Climate Harms.” Carbon & Climate Law Review 12, no. 4 (2018): 285-296. Publisher's VersionAbstract“
Interstate compensation for climate change based on legal liability faces serious obstacles. Structural incongruities related to causation, time, scope, and scale impede application of tort law to climate change, while political opposition from developed countries prevents intergovernmental consideration of liability as a means of compensating for climate damages. Insurance, however, in particular parametric insurance triggered by objective environmental indices, is emerging as a promising alternative to liability. This is manifest in the UNFCCC and the Paris Agreement, which ruled out recourse to legal liability, and in the formation and expansion of regional sovereign climate risk insurance schemes in the Caribbean, Africa, and the Pacific. Theory and early practice suggest that parametric insurance exhibits five key advantages compared to legal liability in the climate change context: (1) it does not require that causation be demonstrated; (2) it has evolved to provide catastrophic coverage; (3) it is oriented toward the future rather than the past; (4) it is contractual, rather than adversarial, in nature; and (5) it provides a high degree of predictability. Compensation based on parametric insurance represents a novel climate policy option with significant potential to advance climate politics.