The fight against climate change requires the engagement of all segments of society. At Bonn, during the 2023 UNFCCC Climate Change Conference, this was exemplified by the diversity of stakeholders that came together to push forward creative solutions ahead of CoP28. While discussions of climate finance and the upcoming Global Stocktake attracted much attention, a central issue underlined all the debates: the need to strengthen capacity to address the uncertainties that arise from the emergence of a new societal framework.
In Bonn, two side events specifically focused on the need to mobilise the legal profession toward bridging the capacity gap that hinders effective climate action. The first one entitled “Delivering, credible, transparent, and inclusive implementation through national legal systems” (London School of Economics, Institute for Climate and Society, University of Cape Town) presented strategies to better integrate international commitments into national frameworks in order to meet climate targets. The second one, hosted by the International Bar Association, the American Bar Association and the Federal Council of the Brazilian Bar engaged in a profound reflection on ‘climate-conscious lawyering’.
At the core of lawyering is the mission to advise clients in circumstances where their interests may be harmed. As a multidimensional crisis, climate change transforms the notion of risk, making it pervasive. Lawyers play a role in ensuring that individuals, businesses, governments and others, understand how their actions will affect and will be affected by climate change.
But perhaps more than giving legal advice, law is about creating the frameworks that allow for effective policy action. In that sense, law plays a critical role in the fight against climate change through both binding treaties and regulations; as well as through soft law instruments that shift society’s focus toward achieving a just transition.
In addition to these two side events, these reflections on the role of law found a fruitful discussion platform at the 2023 Climate Law and Governance Initiative Legal Roundtable. The event was an opportunity for renowned legal practitioners to hear about legal developments from around the world in preparation for Dubai CoP 28. With the input from this roundtable, the Climate Law and Governance Initiative was able to frame the four themes that will be at the heart of the Climate Law and Governance Day: I. Operationalising the Paris Agreement; II. Testing Legal and Governance Tools for Effective and High Ambition Implementation; III. Advancing Climate Resilience and Climate Justice; IV. Net Zero Legal Frameworks to Enable Climate Neutral Investment and Finance.
In partnership with the University of Dubai and Middlesex University, the 2023 Climate Law and Governance Day will act as a catalyser for the legal community to effectively support climate action.
