Theories of climate attribution in climate change litigation: Resolving the loss and damage causation dilemma

The causation conundrum in climate change litigation has long plagued the legal and scientific communities. This article explores the role of climate attribution theory in solving the loss and damage causation puzzle in climate change litigation. First, it describes the limitations of traditional causation theories in climate change litigation and analyzes the performance of emerging theories, such as the “substantial contribution” theory and the “market share” theory, in addressing this issue. The paper then evaluates the application of climate attribution theory in actual litigation through specific case studies and puts forward a series of policy recommendations. These include strengthening funding and support for climate attribution research, establishing a platform for interdisciplinary cooperation, developing a unified standard of proof, promoting public and judicial education, and promoting the improvement of the international legal framework. Finally, the paper points out the main problems and limitations in the application of climate attribution theory and proposes key directions for future research. The paper posits that by fostering continuous scientific research and enhancing the legal framework, climate attribution theory will assume a more prominent role in climate change litigation and facilitate the process of global climate governance.