A4ID AT COP28: A CALL TO ACTION
Following a critical final few days of negotiations, the 28th Conference of the Parties under the international climate regime has come to a close. At the beginning of COP28, world leaders poignantly called upon delegates to “restore faith in multilateralism”, “deliver a bullet train to speed up climate action”, and “prevent planetary crash and burn”. These calls foreshadowed the realities outlined in the Global Stocktake text that the world is not on track to meet the Paris Agreement’s temperature targets, resulting in the launch of a “Road map to Mission 1.5°C”.
A4ID was part of the critical conversations at COP28, co-hosting and participating in three events in Dubai. This blog provides insights on the progress made and its call to action to pursue meaningful and impactful climate action beyond COP28.
Faster, Stronger, and More Just Energy Transition
Ahead of COP28, A4ID CEO Yasmin Batliwala MBE emphasised the need for just transitions, advocating for systemic transformations towards low-carbon economies that are just, equitable, and leave nobody behind.
COP28 affirmed this stance, with the Global Stocktake calling on parties to transition away from fossil fuels in energy systems, albeit falling short of requiring a fossil fuel ‘phase out’. Moreover countries banded together to triple renewable energy generation, announcing more climate finance to support action in developing countries, and promoting the wider opportunities presented by a just transition. For instance, the UN Secretary-General described renewable energy as the “gift that keeps on giving”, and leaders signed declarations on topics such as sustainable agriculture and resilient food systems and health, sending a clear signal that climate action both affects and can improve social and economic outcomes.
A4ID actively contributed to the debate on how to implement a just transition at COP28, co-hosting an event, titled COP28: how the law can unite and act to deliver the UN SDGs, with leading firms, CMS, Clifford Chance, Kirkland & Ellis, and Linklaters that mapped out how lawyers can catalyse a just energy transition. Comprising two panels, the event provided participants with key insights for lawyers, including how to catalyse action starting with a coalition of the willing, working together across disciplines and sectors, as well as the importance of bar associations in bringing about change.
Embedding Inclusive Processes into All Climate Action
Expectations were high for the participatory components of just transition, with the COP28 Presidency aiming to deliver the most inclusive and accessible COP to date. Indeed, COP28 has been reported as the largest COP in history and included a number of ‘firsts’, such as the Youth Stocktake. However, some critics have reported that only 38% of COP delegates were women, calling for greater inclusion of women and gender disaggregated information in climate decision-making. Furthermore, feedback from the People’s Plenary suggested that leaders missed the mark for Indigenous Peoples, failing to provide for recognition, co-governance, and self-determination.
A4ID therefore welcomes the explicit recognition in the COP28 decision of climate justice, and its call for meaningful and effective participation and consideration of stakeholders such as Indigenous Peoples, women, and young people.
Greater Urgency on Addressing Climate Impacts
Building on the work achieved at Sharm El Sheikh, the historic agreement to operationalise the loss and damage fund, and the pledges that followed, provided a great starting point to help those particularly vulnerable to climate effects. A4ID hopes to see increased efforts in this area, recognising the cost of climate change far surpasses current fund provisions.
Some progress was made with respect to climate adaptation in the final hours at COP28, with the COP28 decision outlining a number of adaptation targets; however, the decision also noted how far behind we are. It highlighted with concern the widening gap on adaptation finance, recognising that adaptation finance will have to be scaled up significantly. The need for stronger action on adaptation is critical and urgent, as we recall the devastating impacts of climatic events in 2023, including those occurring in the two weeks that comprised COP28. Indeed, the COP28 decision itself expressed alarm and serious concern for already observed climate impacts and the knowledge that 2023 is set to be the hottest year on record.
A4ID echoes the concerns raised in the COP28 decision calling for greater efforts to find common ground for climate adaptation, as we come to terms with the inevitability of climate impacts and their impact on achieving the UN Sustainable Development Agenda.
Amplifying Climate Law and Policy Solutions
With numerous work programmes under the Paris Agreement in train, COP28 considered how countries and non-state actors should work together to achieve Paris Agreement targets. A4ID’s CEO Yasmin Batliwala also participated in the discussions at Climate Law & Governance Day on implementing the Paris Agreement through climate law and policy solutions. A4ID views it critical to bring key learnings from this event to centre-stage at a UNFCCC side-event, co-hosted with a consortium of partner organisations, including the Centre for International Sustainable Development Law.
The roundtables highlighted the role of all law – not just environmental law – in climate efforts, including through legal reform, capacity-building work, designing best practices, and enhancing participation of non-state actors. However, the discussions also highlighted the need for lawyers to be multi-disciplinary in their approach, fostering collaboration across sectors. They also highlighted the need for strong climate education to build climate competence across the legal profession. During the session A4ID showcased its SDG Legal Initiative and specifically its Legal Guide for SDG 13, to educate and empower legal actors to drive climate action.
Beyond COP28: A Call to Action
CEO Yasmin Batliwala MBE’s call for the legal profession to transcend passive observation stands as a clarion call beyond COP28, inviting lawyers to become thought leaders, critical sound boards for their clients and importantly key implementers of the Paris targets. In the aftermath of COP28, A4ID stands poised to continue leading the charge, urging the legal profession to get involved to transform pledges into tangible actions and to make that vital difference, like only lawyers know how.
