CEO Insight: SDG 13 -Where Did COP27 Deliver and How Should the Legal Community Respond?

COP27, the largest UN Climate Conference to date, was held this November, with over 50,000 registered delegates and 194 countries represented. The theme of this year’s COP was ‘Implementation’, a necessary successor to COP26 which made broad strides in policy and promises. COP27 set out not only to reaffirm the pledges made the previous year but to begin executing them, with attendees resoundingly calling for tangible actions. The most pertinent question following this year’s COP, has it lived up to its promises or are we still failing as a global community to deliver on climate action?

Key takeaways from COP 27 

COP27 succeeded in delivering practical outcomes, the most notable being the Loss and Damage Fund, agreed upon by developed countries in answer to their COP26 promises of more climate reparations. Industrialisation inordinately benefited the global West, encouraging development and growing economies. However, this impact has yet to be felt as strongly in the global South. Instead, the detriments of industrialisation, climate change and catastrophic environmental degradation have enacted their most significant consequences on developing countries. 

An estimated 21.6 million people are displaced by climate-related hazards each year, the majority of them in the Global South. Countries still recovering from the oppressive aftermath of colonialism, now face the brunt of the West’s rapid development, in the way of natural disasters killing and internally displacing entire populations. This year alone, floods in India and Bangladesh have affected as many as 4 million people, while flooding in Nigeria has seen over 1.4 million people displaced.

It has long been understood that developed countries should compensate for the losses and damages accrued due to climate change, and COP27 has finally established this in an official fund. Scotland launched proceedings by pledging £2million to the fund, followed by Denmark, Germany, Austria, Ireland, and Belgium, with pledges currently totaling just over $300 million. Nevertheless, many countries are yet to pledge any official amounts to the Fund and without mechanisms in place to guide proceedings, it is likely the process will be slow.  

Did COP 27 Fall Short  

Prior to the fund’s creation the EU were reluctant to commit, finally agreeing once larger CO₂ emitters, still classed as Developing countries by the UN, were excluded from benefitting from the fund.

Some critics think this decision only serves to divide developing countries, all of which have suffered delayed development at the hands of the West.  UN Secretary-General Antonio Guterres described the Loss and Damage fund as ‘not enough’, accusing COP27 of failing to address the reduction of emissions – without which no amount of financial aid will be enough to combat climate change.  

Consequently, the call for ‘more ambitious’ targets on reducing emissions continues.  A recent report by government ministers at COP27 shows that current global environmental pledges will result in a 10.6% increase in emissions by 2030. While the financial implications of climate action were at the forefront of conversations this year, practical discussions about reducing emissions and keeping warming below 1.5C were ignored. 

Implications for the legal community 

This COP, perhaps more than any before, has lamented the cataclysmic losses made by developing countries due to climate change. The vulnerabilities and risks for developing countries are evident, as they continually face the effects of climate change in the form of natural disasters. Despite the decision on the Loss and Damage fund, developing countries remain on the front lines of this battle. This unequivocally highlights the role of pro bono services, as well as a clear imperative for the legal community to deliver. As individuals and NGOs in developing countries seek to access the Loss and Damage Fund, the role of lawyers in advocating their cases will be crucial. Climate litigation will be key in shaping the Loss and Damage Fund and forcing large emitters to contribute their fair share.

The legal community has many roles to fill in the aftermath of COP27. Historically, climate lawsuits have been successful in bringing governments to account and forcing them to cut their national emissions; this will need to continue in order for the global community to stay below 1.5C. As businesses strive to meet the demands of Nationally Determined Contributions, the expertise of lawyers will be crucial in helping shape new, sustainable business practices and policies.  

It is crucial that the legal community stays alert to developments in climate action. More importantly, cross-sector cooperation and commitments from individuals and organisations are paramount in securing our future and staving off the apocalyptic consequences of climate apathy.