The success of the Paris Agreement on climate change depends on the capability of countries to implement their commitments, the nationally determined contributions (NDCs). In this connection, legislation – whether it is an overarching framework act or the revision of sector specific rules – can be an important tool. The paper examines the opportunities and challenges for good climate relevant legislation in developing countries. It provides an overview of possible approaches, ongoing initiatives, and lessons learnt in other areas. While there is an ever-growing body of climate legislation world-wide, a tailored approach, reflecting the specific needs, circumstances and legislative processes of a jurisdiction is needed. The lack of domestic legal expertise and resources may, however, hinder the development of adequate legislation. The paper, therefore, also makes some suggestions for strategic support to developing countries in their legislative efforts to respond to climate change (whose urgency has increased following the rapid entry into force of the Paris Agreement).
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Christoph Schwarte is a German lawyer with almost 20 years of practical experience in international environmental law. He is the executive director of the Legal Response Initiative – a London based charity that provides free legal advice to poor and climate vulnerable developing countries and NGOs. He is a co-author of the International Law Association’s legal principles related to climate change (adopted in 2014). Before joining LRI he worked at the Foundation for International Environmental Law and Development (FIELD) and the International Institute for Environment and Development (IIED). Between 1998 and 2004 he was an Associate Officer (P-2) at the International Tribunal for the Law of the Sea in Hamburg. He holds an LLM from the School of Oriental and African Studies (SOAS) and qualified to practice at the bar in November 1997 in Dresden (State of Saxony).