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COP26: ILA Commits to Scale-Up Climate Law & Governance Capacity Worldwide TENFOLD by 2024

Original title: Leading Experts at COP26 from the International Law Association and around the world Commit to Scale-Up Climate Law & Governance Capacity Worldwide TENFOLD from 600 to 6,000 by 2024

Tejas Rao

Associate Fellow, University of Cambridge

Members of the International Law Association were a part of key pledges at the UN Framework Convention on Climate Change (UNFCCC) 26th Conference of the Parties (COP26) in Glasgow, Scotland, including a commitment to scale-up climate law & governance capacity worldwide tenfold by 2024.

Legal and institutional transformation is urgently required to support efforts to limit global temperature increase to 1.5°C above pre-industrial levels; to adapt to the adverse impacts of climate change; to foster climate resilience and low greenhouse gas emissions development; and to make finance flows consistent with a pathway towards sustainable development.

169 out of 186 countries have stressed the importance of legal and institutional reform in their Nationally Determined Contributions (NDCs) to the global response to climate change under the Paris Agreement. As 99 countries also emphasize in their NDCs, increases in capacity and practice are crucial for implementation and compliance, as new research by the Centre for International Sustainable Development Law (CISDL), the University of Cambridge and other partners from Climate Law and Governance Initiative has shown.

Climate finance in many forms, if private and public law and governance can be mobilised at all levels to accelerate ambition and convert ambition to obligations, is crucial in all respects. Indeed, with many countries pledging net zero emissions by 2050 or sooner, alignment of $130 trillion in finance with the Paris Agreement through the Glasgow Financial Alliance for Net Zero (Gfanz) before 2050, and the Adaptation Fund renewed to higher levels than ever before, law and governance improvements are needed now. For these pledges to meet reality, binding regulations, carefully crafted contracts, disclosure obligations and thousands of other legal tools are required on all levels, rebuilding trust, accountability and compliance towards climate justice.

As Paris Agreement representatives, observers and stakeholders gathered in Glasgow for the COP26 from 1-12 November 2021, the world also convened a community of leading law faculties and legal institutes, international organization counsel, government authorities, law associations, judges, professionals and others responsible for inspiring, innovating and building law, policy and governance capacity.

Indeed, “A massive capacity chasm is gaping in our path ahead,” says Professor Marie-Claire Cordonier Segger (Canada), Leverhulme Visiting Professor at the University of Cambridge, based at the Bennett Institute for Public Policy, Senior Director of the Centre for International Sustainable Development Law (CISDL) and Executive Secretary of the global Climate Law and Governance Initiative at COP26. “We need dynamic climate law and public policy specialists in every country, capable and active in their bar associations, universities, firms and civil society, making net zero a reality across the board. Climate law and public policy must be taught in every law school – backed by new research and training at all levels – for even a hope to implement the Paris Agreement and advance the UN Sustainable Development Goals.”

The Climate Law & Governance Day 2021 global symposium was held on 05 November 2021 during the UNFCCC COP 26 in Glasgow and attracted over 1,100 registrants from over 120 countries in person and online across 16 world-class leading sessions and 3 high-level plenaries at the 2021 CLGD with thanks to the University of Glasgow. Co-hosted in the United Kingdom by the University of Glasgow, the University of Cambridge and Strathclyde University, together with the CISDL which hosts the CLGI Secretariat and the new NZLA, which is certified as an Accelerator in the Race to Net Zero of the UK Presidency. CLGD 2021 provided an important opportunity to share ideas, debate trends and advances, and build legal momentum for climate action.

Lord Jonathan Mance, Chair, International Law Association, welcomed guests at the Grand Opening of CLGD 2021 and in his address, underscored the important role that international law can play to confront these challenges head-on, build capacity. Equally, he addressed guests on the reflection that international law must demand of itself to respond adequately to these challenges of common concern.

ILA Members especially contributed to CLGD 2021 as Chairs. Dr Alexandra Harrington (Colombia) was Chair for Experts & Practitioners Roundtable: Climate Migration Challenges for Governance. Dr Harrington noted, “Having a clear regulatory framework is important to allocate roles and responsibility and equally for providing legal authority to meet the assistance and protection needs of those displaced.”

Dr Markus Gehring (Germany) was Chair for an Expert Panel: Trade & Investment Rules & Standards for Decarbonization of the Global Economy, featuring key messages by the Hon Pascal Lamy (Chair, Steering Group, Paris Peace Forum) & His Excellency Chad Blackman (Ambassador, Barbados). Dr Gehring, at the conclusion of his panel, was optimistic, noting, “Trade can serve as a solution for the environmental crisis. Moving toward decarbonized international trade, we need to make sure that climate trade policies incentivize all countries around the world to lower carbon emissions.”

This global symposium also built on an extraordinary online pre-conference on climate law and public policy, co-hosted in the University of Cambridge, ‘Climate Change, the SDGs and the Law on 29-30 October, 2021, which convened over 750 registrants from over 90 countries across two high-level plenaries and six experts panels, engaging leading law professors together with early career scholars, students and practitioners, co-hosted by the Bennett Institute for Public Policy and many other institutions in the University of Cambridge.

To share outcomes at COP26 itself, on 06 November key municipal, national, and international innovations were shared in an official Side-Event on Net Zero Climate Law and Governance – Advancing Ambition and Action to Implement the Paris Agreement and the SDGs. The interactive roundtable brought together leading experts from the University of Cambridge, the Net Zero Lawyers Alliance, the Centre for International Sustainable Development Law and other partners of the Climate Law and Governance Initiative, IKEM, the Asociacion Ambiente y Sociedad and Centro Humboldt.

Further, on 07 November 2021, helping to train a new generation of specialists world-wide, the Climate Law & Governance Specialization Course hosted in the University of Strathclyde certified 163 in person and virtual participants from around the world. Participants gained critical insights from renowned legal experts, deepening their understanding of the legal and institutional mechanisms available to implement their NDCs and the Paris Agreement Indeed, 163 practitioners, scholars and junior members of delegations were certified and recognized as new Climate Law and Governance Specialists at the 2021 Climate Law and Governance Specialization Course, with thanks to the University of Strathclyde, the IUCN World Commission on Environmental Law, CISDL and other partners.

Finally, on 01 December 2021, conveying key CoP26 outcomes and sharing optimism for the path forward, the Leverhulme Lecture and Distinguished Experts Dialogue on Accelerating Paris Agreement Implementation for Sustainable Development was co-hosted by the International Law Association, alongside partners from around the world. As Distinguished Experts, Professor Nico Schrijver (Netherlands), Professor Emmanuella Doussis (Greece), and Mr Erick Kassongo (Democratic Republic of Congo) offered perspectives on the increasing activity surrounding a request for an Advisory Opinion on Climate Change from the International Court of Justice, as well as international and local climate finance transformations.

The International Law Association is delighted to support the activities of leading researchers on these sustainability challenges for the future.

Mr. Tejas Rao is an Associate Fellow at the Centre for International Sustainable Development Law & a Coordinator with the Leverhulme Trust Visiting Professorship at the University of Cambridge, with interests outside of the law ranging from the academic study of music to reading microhistories, analyzing sports statistics and understanding political philosophy.

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