The doctoral dissertation in the field of International Law Studies will be examined at the Faculty of Social Sciences and Business Studies, Joensuu Campus.
What is the topic of your doctoral research? Why is it important to study the topic?
My doctoral research focuses on loss and damage (L&D) from climate change, examining how the international climate regime addresses the adverse consequences of global warming that exceed the limits of adaptation. This includes irreversible losses such as lives and cultural heritage, as well as reparable damage to property, health, and ecosystems. L&D has emerged as a critical issue in global climate policy, raising questions about responsibility, justice, and the rights of those most affected by climate impacts. Studying this topic is essential because the voices of climate victims are often excluded from decision-making processes, leaving their needs unmet in international climate negotiations. Understanding these dynamics is crucial for advancing equitable climate governance and addressing the realities of climate injustice.
What are the key findings or observations of your doctoral research?
The research highlights a growing disconnect between the UNFCCC’s response to loss and damage and the lived realities of climate victims. Key barriers include insufficient financial support, limited participation opportunities for affected communities, and a lack of integration of human rights principles. It also identifies how climate litigation is emerging as a complementary avenue for addressing loss and damage, as courts increasingly hold governments and corporations accountable for climate impacts. The study offers innovative recommendations, such as fostering linkages between litigation and negotiations, adopting human rights-based approaches, and operationalizing finance mechanisms like the new loss and damage fund. These findings contribute to both academic discourse and practical solutions, offering pathways to make international climate law more responsive and equitable.
How can the results of your doctoral research be utilised in practice?
The research provides actionable recommendations for policymakers, advocates, and practitioners. It calls for reforms to empower climate victims, including integrating human rights principles into climate policies, improving public participation, and operationalizing effective finance mechanisms for loss and damage. The findings also underscore the importance of linking climate litigation with multilateral negotiations to strengthen accountability. For advocates, the research offers insights into using international law and litigation to seek redress for climate harms. For policymakers, it highlights the need for systemic reforms within the UNFCCC to address the root causes of injustice in climate governance. These approaches can guide efforts to build more inclusive and just climate policies.
What are the key research methods and materials used in your doctoral research?
My research employs a combination of doctrinal and critical legal scholarship, supplemented by interdisciplinary methods. The study draws from international climate law, human rights law, and climate governance theories, using polycentric governance as a framework to analyze the interconnectedness of various climate response mechanisms. It critically examines UNFCCC decisions, policy documents, and case law on climate litigation, alongside academic literature, and stakeholder interviews. The research includes a comprehensive review of loss and damage-related litigation, offering the first typology of such cases. By integrating policy analysis and historical perspectives, the study bridges theory and practice, offering both critical insights and pragmatic solutions for advancing justice in climate governance.
The doctoral dissertation of Patrick Toussaint, LL.M., M.Sc., LL.B., entitled Towards Equitable Climate Governance: Strengthening the Role of Climate Victims in Addressing Loss and Damage under the International Climate Regime will be examined at the Faculty of Social Sciences and Business Studies. The opponent will be Associate Professor, Doctor Margaretha Wewerinke-Singh, University of Amsterdam, and the custos will be Professor Harro van Asselt, University of Eastern Finland. Language of the public defence is English.