This article discusses the history and the prospects of the climate change negotiations and seeks to show that they are structurally and systematically disadvantageous to the countries and the peoples of the Third World/Global South. The article uses the TWAIL approach to discuss the North-South divide and the differing approaches to climate justice. The article then discusses the history of climate change negotiations, in particular, climate finance and loss and damage, and shows that modes of these negotiations have been disadvantageous to the Third World and are unlikely to fulfil their aspirations. The article highlights the need for incorporating certain principles of fairness, not just in substantive law, but also in how negotiations are conducted. It concludes with thoughts on what these principles of fairness may look like, and the role international and domestic courts can play in evolving them.