THE DISCURSIVE SHIFT FROM ＂AID＂ TO ＂REPARATIONS＂ BY THE AFRICAN UNION： ANALYSIS OF THE LEGAL LOGIC AND MEDIA COVERAGE OF THE CASE FOR CLIMATE CHANGE REPARATIONS  

作　　者：Tyler R. Harrison Abigail Selzer King 

机构地区：[1]intersection of media, societal structures, and public welfare, specifically in the realms of health and conflict [2]rhetoric of social movements and organizations

出　　处：《US-China Law Review》2011年第10期924-945,共22页美中法律评论（英文版）

摘　　要：In the buiM up to the Conference of Parties in Copenhagen to negotiate climate change treaties, the African Union decided to present a coordinated stance demanding reparations from the international community for damages causes by climate change. While these strategies were relatively unsuccessful a number of countries continued with this rhetorical strategy in the buildup to COP 16 in Cancun and in the exchanges that occurred there. This discourse of climate reparations represents a key shift in strategy from a primarily aid-based discourse to a rhetorically blame-based framework built from historical political and cultural frameworks for understanding large-scale harms. To understand this discursive shift we engage in comparative legal analysis using an analytic framework derived from literature on reparations and reparations politics. We compare four aspects of reparations claims from successful and unsuccessful historical cases to the rhetoric advanced for climate reparations. Ultimately, the legal logic underwriting calls for climate change reparations is flawed and is unlikely to meet the standards of historically successful reparations claims. Furthermore, the discourses of climate change reparations became a potential liability as conservative politicians rejected the assignment of blame and guilt associated with reparations and instead argued that the Cancun Conference of Parties was a ＂redistribution of wealth＂ conference. While the Cancun agreement established a $100 billion green fund, the mechanisms for funding and distribution are murky and represent only a step in the ongoing negotiations. The rhetorical strategies related to climate change compensation are likely to have continued effect in mobilizing parties on both sides of the issue.

关 键 词：气候变化 法律分析 赔偿 话语 逻辑 联盟 非洲 媒体 

分 类 号：TU375.4[建筑科学—结构工程] P467[天文地球—大气科学及气象学]