The 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change (UNFCC), held in Dubai from December 1 to 12, 2023, marked a significant convergence of law and climate action. Legal professionals, including lawyers, law associations, and stakeholders from around the world, gathered to collaborate and strategize for a sustainable future.
The American Bar Association (ABA) collaborated with the International Bar Association, the Order of Attorneys of Brazil, and the Law Society of England & Wales, along with the International Union for Conservation of Nature and Natural Resources World Commission on Environmental Law’s Climate Change Law Specialist Group, to underscore the importance of global cooperation and shared knowledge in tackling climate change.
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.