A Review of the One-Day Climate Law & Governance Specialization Course

On Sunday, over 60 NGO leaders, environmental lawyers, local government representatives, students, and other key stakeholders participated in the Climate Law & Governance Specialization Course hosted by the international Climate Law & Governance Initiative (CLGI) with new partners, Université Hassan 1er in Settat. The course was a side event to theUNFCCC 22nd Conference of the Parties (COP22) in Marrakech. The one-day legal and institutional reform capacity-building experience was led by international, regional, and national experts to promote effective implementation of the recent Paris Agreement. The course brought together experts to discuss an array of subjects in the context of implementation, including trade in clean energy technology, human rights and climate justice, international legal frameworks around mitigation and adaptation, and effective implementation at the domestic (national and sub-national) level.
The first session introduced participants to the legal and governance challenges for clean technology transfer. The lecturers included Dr. Markus Gehring with the University of Cambridge and the Centre for International Governance Innovation (CIGI), Dr. Timiebi Aganaba-Jeanty, also with CIGI, and Mr. Mahesh Sugathan with the International Centre for Trade and Sustainable Development, and it was coordinated by Oonagh Fitzgerald from CIGI. “There exists no free trade in clean energy technology at the moment,” remarked Dr. Gehring. He also pointed out the difficulty of encouraging trade in light of the disparate tax, customs and IP laws of the state actors involved. Dr. Aganaba-Jeanty urged attendees to consider how the emerging international IP regime, as well as the larger trade of clean technology, can be tailored to developing countries—and called on the international community to be more inclusive in the dialogue on international tax and IP law, and urged developing country delegates to get involved. Mr. Sugathan highlighted domestic and international tech standards as both a potential facilitator and potential hindrance to efficient technology transfer, concluding that “the jury is still out” on which it is. He also encouraged the international community to be open to working with the domestic level in crafting local standards, to ensure adherence to technical specifications that can open access to international markets. While it is clear that there is debate as to the best path forward to increase the efficiency and equitability of trade in clean energy technology at the international level, each panellist agreed that the domestic level must be an active player, and cooperation among and within developed and developing countries is essential. “South-South cooperation is important, as well,” Dr. Aganaba-Jeanty affirmed. She concluded her talk by posing questions to participants: “How do we develop our own ambitious technologies? How do we galvanize our own capacities, rather than first engaging with/relying on the West?”

Human rights and climate justice was the focus of the first afternoon panel of the day. The panel of experts ranged from human rights legal scholars like Dr. Cosmin Corendea of United Nations University and Dr. Benoit Mayer from Chinese University of Hong Kong, to those working on environmental justice on the ground, including attorney Maître Erick J. Kassongo of the Centre Congolais pour le Développement Durable. In his presentation, Dr. Corendea discussed the mounting gravity of climate/environmental migrants and refugees. “Right to life, right to housing, [and other human rights concerns], are all connected to climate change,” he urged. With sea levels rising and extreme weather events increasing, the number of displaced people is bound to increase—and the current international legal framework to address refugees and migrants falls short of providing a path forward. Maître Kassongo further highlighted the inextricable connection between climate change and human rights, and the need to bring more attention to the issue in the face of insufficient legal frameworks. He pointed out that, while the Preamble to the Paris Agreement references human rights, the text itself fails to discuss it. Mr. Kassongo encouraged attendees to engage with domestic human rights laws, as well as the Sustainable Development Goals, to bring about progress in dealing with the Paris Agreement. Dr. Mayer brought attention back to international environmental law and scholarship, pointing to particular conventions, treaties, and other environmental agreements that instill in States the obligation to protect the environment and its citizens.

The final session of the course connected the global with the local in the context of implementing the Paris Agreement. In particular, the panelists discussed how international NGOs and local actors are working with stakeholders to provide resources for implementation. Mr. Ira Feldman, with the Greenhouse Gas Management Institute and International Standardization Organization, along with Dr. Julien Prieur of Centre International de Droit Comparé de l’ Environnement (CIDCE) and Université de Limogos, and Mr. Christopher Campbell-Duruflé of the University of Toronto and CISDL, represented the level of international NGO and research institutes, while attorneys Joyce Melcar Tan and Samantha Sy of the COP22 Philippine Delegation and Ateneo de Manila University discussed domestic implementation. Mr. Feldman called attention to the increasing importance of international and national voluntary standards for mitigation and adaptation under the Paris Agreement, pointing to the work his organizations are doing to harmonize standards across various levels of government, and collaborate with the UNFCCC to “fill in the gaps” on those standards. Dr. Prieur highlighted the importance of small-island states both in the formulation of the Paris Agreement, as well as its implementation. With 1.2 billion people living in these areas that are so vulnerable to climate change, their voice must be heard throughout the years ahead, he urged. Mr. Campbell-Duruflé emphasized transparency as being an essential element in the Paris Agreement, especially in its implementation. He offered three recommendations for stakeholders charged with executing the agreement: (1) place knowledge at the center of transparency, (2) facilitate capacity-building and awareness-raising, and (3) ensure regular review. Attorneys and COP22 Philippine delegates Joyce Melcar Tan and Samantha Sy provided a path forward for implementing the Paris Agreement, using the Philippines as a case study that provided fruitful examples for participants. The two legal experts have been advising the current Philippine government on ways to integrate climate change mitigation, adaptation, and disaster relief into its “Ambition 2040” plan. For effective integration, they recommend the government focuses on data collection, institutions already in place, effective financing, citizen collaboration, and engagement with the private sector.

Rapporteur: Meredith Kellder (University of Cambridge)