International Law and Climate Justice: Theorising Loss and Damage Obligations for Historically High-Emitting States Toward Nigeria

This dissertation develops an original theoretical framework for establishing legally binding loss and damage obligations of historically high-emitting states toward Nigeria under international law, contributing to the nascent but rapidly developing field of climate justice law. Nigeria is among the African states most severely affected by climate change impacts including coastal erosion in the South South, desertification in the North East and North West, and catastrophic flooding in the Niger Basin, yet bears minimal historical responsibility for the greenhouse gas emissions driving these changes. Drawing on causation theory in international tort law, the principle of common but differentiated responsibilities, the Warsaw International Mechanism on Loss and Damage, and the Santiago Network, this research develops a state responsibility framework for climate loss and damage that moves beyond the current voluntary financial commitments of the Paris Agreement. It fills a critical gap in climate justice scholarship by developing the first legally operational framework for binding loss and damage liability, grounded in general principles of international law rather than the voluntary pledge architecture of the UNFCCC. The dissertation applies this framework to Nigeria's specific climate vulnerabilities and calculates illustrative loss and damage quantification methodologies. Empirical components include analysis of attribution science, economic loss data, and the legal implications of climate litigation precedents for loss and damage claims. Findings indicate a legally coherent basis for Nigerian climate loss and damage claims against major emitters, subject to causation evidentiary standards. Keywords: climate justice, loss and damage, Paris Agreement, state responsibility, Nigeria.