Abstract

The unique problem of lost territory poses one of the most important and complex challenges of compensating for loss and damage due to anthropogenic climate change. Anthropogenic climate change will cause a significant increase in the sea level for centuries to come. A rising sea level endangers many low‐lying coastal areas but also entire states. However, the inundation of an entire state will remain a rare event. Partial loss of territory will be far more pervasive. As measured by the number of states, the area of land, and, in particular, the number of people affected, the phenomenon of partial territorial loss is much more significant. I address this from the perspective of compensatory justice. In particular, I offer (i) background on basic concepts, (ii) an overview and critique of existing accounts, and propose (iii) a novel interpretation of territory as well as (iv) a corresponding criterion of a duty to compensate before (v) I flesh out the overall theory, (vi) take into consideration implications and details of application, and (vii) respond to potential objections.