This article examines the legal constitution of racialized climate injustice, assessing the racialized dynamics of property in the context of climate change. It explores these examples: first, the failure of the international climate regime to contest unjust appropriation of the atmosphere by industrialized countries regarding historical emissions; second, the limitations of the “no-harm” rule, which is effectively the internationalization of the domestic principles of the tort of nuisance, in providing compensation for the racialized harm caused by climate change; and third, how international investment law is allowing fossil fuel companies to seek compensation if governmental actions in response to climate concern impact their investment or hoped-for returns.
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