Law Associations as Advocates for Climate Action
At COP28, law associations from around the world showcased their commitment to addressing climate change. Representatives from these associations engaged in panel discussions covering a range of legal topics, including climate litigation, human rights in the context of climate change, and the legal aspects of sustainable finance. Interactive workshops equipped law associations with practical tools and resources to initiate and implement climate action initiatives.
The International Bar Association developed a Climate Crisis hub page to empower law associations to integrate climate action into their work effectively. The British Institute of International and Comparative Law launched the Corporate Climate Litigation Platform.
The Birth of the Loss and Damage Fund
At COP28, a landmark decision was made to create a loss and damage fund aimed at providing financial aid to developing countries severely affected by climate change. The establishment of this fund is a significant milestone, as the topic of loss and damage has historically been a major point of contention in climate talks. The fund will become operational in 2024, with the World Bank likely to act as its interim host. While several countries have pledged to contribute, the total sum of the fund is yet to be determined. This uncertainty has raised concerns among experts about whether the fund will be sufficient to address the urgent needs of developing countries.
Fossil Fuel Phaseout
The initial draft agreement at COP28 faced criticism for not explicitly calling for a total phaseout of fossil fuels, despite demands from many nations concerned about climate change. However, in the concluding hours, a significant agreement was reached under the leadership of COP28 President Sultan Al Jaber. This groundbreaking deal aims for a global transition away from all fossil fuels, marking the first time a UNFCCC decision has explicitly mentioned all fossil fuels. It struck a balance between the positions of major powers like the United States and the European Union, which push for substantial reductions in fossil fuel usage, and major oil-producing countries like Saudi Arabia. Although it did not fully meet the demands of the most climate-vulnerable states for an immediate fossil fuel phaseout, the agreement was notable for advocating a swift, equitable, and orderly move away from fossil fuels. It focused on global cooperation for energy transition rather than imposing unilateral mandates on individual countries, a strategy crucial for gaining widespread support.
Global Stocktake: Assessing Progress and Gaps
The Global Stocktake at COP28, a key part of the 2015 Paris Agreement, assessed global progress toward climate goals. Over 190 countries reported on areas like emissions, impacts, finance, and support, underscoring the need for intensified global climate action. The results particularly urged developed countries to boost financial support for developing nations’ transition to low-carbon economies.
Advancing the Global Goal on Adaptation
COP28 made notable strides in furthering the Global Goal on Adaptation from the Paris Agreement Article 7.1, focusing on its framework, scope, and monitoring for effective adaptation strategies. The development of a monitoring, evaluation, and learning system was a key point aimed at assessing adaptation progress. Additionally, the summit highlighted the need for financing adaptation in vulnerable countries and addressing climate-induced loss and damage, with funding details still in progress.
Empowering Women in Climate Action
The Women and Climate Initiative emphasized the role of women in addressing climate change. COP28 dedicated a full day to gender equality and climate change, highlighting the disproportionate impacts of climate change on women and girls and showcasing initiatives empowering them as leaders and decision-makers in climate action. The Global Conference on Gender and Environmental Data gathered experts and stakeholders to stress the importance of gender-disaggregated data in understanding climate change’s gendered impacts and informing effective policy responses. The launch of the Women’s Economic Empowerment and Just Transition Partnership aimed to support women’s economic empowerment within a just transition to a low-carbon economy, providing opportunities for women to engage in and benefit from climate action. Several funding commitments were announced to support women-led climate initiatives, recognizing their critical role in building resilience and advancing sustainable development.
...in many of the governments that are here represented at COP, there are some governments that have no women and some governments with very few women, and so how do we get the concerns of women, particularly when it comes to climate, to be heard, and that’s, you know, what events like this are about.
—Former Secretary of State Hillary Clinton observing the lack of women leading climate negotiations at COP28
Early Warnings for All: Protecting Lives
COP28 marked considerable progress for the Early Warning for All (EW4All) initiative, aiming to implement global early warning systems by 2027. The summit produced an action plan, increased financial support, partnerships, and a focus on practical implementation and innovation. EW4All, receiving significant backing for vulnerable countries, highlights the importance of technology, community preparedness, and local capacity building in mitigating climate change impacts.
Climate Protests: Voices of Urgency
At COP28, climate activists intensified their demonstrations, urging stronger climate action and accountability from world leaders. Concentrated within a specific area of the summit, they emphasized crucial issues such as fossil fuel phaseout, financial support for climate-impacted developing countries, Indigenous rights, and global activist justice. Their strategies included marches, rallies, artistic performances, and social media campaigns to convey their messages and rally support.
COP28 uniquely emphasized the major role of lawyers and the legal profession in tackling the climate crisis and promoting climate justice. Lawyers and law associations are actively involved in creating legal frameworks, offering climate-focused advice, and supporting worldwide climate action initiatives. Their ongoing commitment to sustainability and climate action is central to building a more sustainable, resilient, and just future.
