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The legal arguments for including Loss and Damage as a sub-goal within the NCQG can be emphasised via relevant articles of the Convention and its Paris Agreement as well as previous COP/CMA decisions and do not preclude Loss and Damage from the NCQG's scope. These agreements make clear that Loss and Damage is a need and priority of developing country Parties with a clear foundation in both the Convention and its Paris Agreement. One that requires new, additional, predictable and adequate financial support, to be provided by developed countries to ensure effective implementation of both the Convention and its Paris Agreement by developing countries.
This cheat sheet provides, (i) an overview of the legal arguments for and against the inclusion of Loss and Damage as a subgoal under the New Collective Quantified Goal on Climate Finance (NCQG), and (ii), relevant counter arguments to the exclusion of Loss and Damage. In both cases arguments build upon the legal advice provided by Legal Response International. For a full set of relevant COP and CMA decisions see Annex 1 of this publication.