Climate Justice

In this contribution, we demonstrate how the so-called Green Deals initiatives which espouse an increasing drive to “catalyze” private financing by using public resources, including development assistance, may create perverse impacts on sustainable development in developing countries. The move may mean an overarching shift towards reliance on private sector to provide public infrastructure and services in ways that ensure a return for the private sector through buy-back guarantees and favourable contractual conditions. Such moves may create contingent liabilities on developing countries in addition to diverting public resources towards the private sector, including foreign investors, and undermining public oversight.

Africa is grappling with a great number inequities in the climate change context. For example, despite having contributed the least to climate change globally (less than 4% of global carbon emissions), it is home to most of the world’s most climate vulnerable countries and yet it is struggling to mobilize the financial resources required to address climate change. The situation is more dire for fragile and conflict affected States. The average annual climate flows of USD 30 billion are far below the annual climate finance needs of USD 250 billion. Commitments made by developed countries to pledge USD 100 billion annually between 2011 and 2020, in line with their financial obligations under the international climate legal regime, were not met in any single year.

The Centre for International Legal Studies of Jindal Global Law School and Kabarak University Press, in association with the African Society for International Law (AfSIL) commenced the two-part panel series around the 2023 climate change advisory opinion requests over a virtual conference held on 13 June 2023. The conversation took place between convenors Professor Rashmi Raman and Humphrey Sipalla, moderator Isabelle Rouche, and an expert panel comprising professor of international law at the University of Geneva, Makane Moïse Mbengue, Kenyan lawyer and professor of public international law at Queen Mary University of London, Phoebe Okowa, former member of the International Tribunal for the Law of the Sea (“ITLOS”) and professor at Jindal Global Law School, Gudmundur Eirikkson, and international human rights law Attorney Ms. Patricia Tarre Moser (hereinafter, the “Panel”).

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.

The African Sovereign Debt Justice Network, (AfSDJN), is a coalition of citizens, scholars, civil society actors and church groups committed to exposing the adverse impact of unsustainable levels of African sovereign debt on the lives of ordinary citizens. Convened by Afronomicslaw.org with the support of Open Society for Southern Africa, (OSISA), the AfSDJN's activities are tailored around addressing the threats that sovereign debt poses for economic development, social cohesion and human rights in Africa. It advocates for debt cancellation, rescheduling and restructuring as well as increasing the accountability and responsibility of lenders and African governments about how sovereign debt is procured, spent and repaid.

Loss and damage support was one of the key demands of African states and other developing countries at the 27th meeting of the conference of parties to the United Nations Framework Convention on Climate Change (COP 27). On November 20, 2022, a deal on L&D funding was announced. The development has been described as a “breakthrough”, “historical”, and “landmark” agreement. This however raises important questions for developing countries. To what extent do these new initiatives worsen the indebtedness of developing countries, constrain their fiscal space, and generally make it more difficult for such countries to thrive?

Join the Marine and Environmental Law Institute at Dalhousie University for the 12th annual Douglas M. Johnston Lecture.