Climate Change

Utilising interdisciplinary methodologies for IEL research in the African context is not without its challenges. Access to empirical data is still difficult. Meandering your way past the bureaucracy and protocols that ‘gatekeep’ vital information is also tricky. However, all these challenges and experiences all add up to our journey as researchers

It is important to ensure that such grievance mechanisms are robust with a clear mandate to hold corporations accountable to internationally recognised human and labour rights. The threat is that such processes will amount to no more than a PR campaign used by corporations in order to project that they act responsibly. The evidence so far is that most non-binding grievance mechanisms used by corporations have not delivered human rights compatible solutions to victims or communities. At least their use is not widely documented and has not been transparent or a source of continuous learning as per the requirements of Principle 31 of the UNGP.

There is a need for the international community to be circumspect in eliciting commitments for greenhouse gas emissions and other forms of climate change adaptation and mitigation targets from African countries, without a holistic assessment of how the process of achieving these commitments will affect the development trajectory of the continent. In addition to galvanising greater international support for FDI in renewables for country’s such as Nigeria with significant potential for renewable energy generation for domestic consumption, it is imperative that the proposed energy mix is affordable and suited to the local development needs.

Sub-regional judiciaries and implementing bodies in Africa should endeavour to avoid what the Kagame Report termed ‘[t]he chronic failure to see through African Union decisions [which] has resulted in a crisis of implementation.’ Hence, ECOWAS and the ECCJ should apply political pressure on Member States to implement the ECCJ judgments. Also, dualist countries in the sub-region should domesticate the Revised Treaty and the Protocol on the ECCJ into their national laws. This will enhance the implementation of the ECCJ decisions in the sub-region.

A sustainability objective will foreground sustainability-based assessment in lieu of a traditional impact assessment mode which is founded on the triple bottom line approach. Centering ‘sustainability’ as a key objective, also, makes a no-contract decision a necessary option when it is shown that a prospective project endangers the environment or at-risk-ecosystems. This option appears not to have been considered in the Guide. The Guide on ALIC provides an opportunity to rethink land use agreements from the ground-up.

Treating climate change as a small subset of environmental issues which are then treated as if they can be balanced against economic or social concerns is highly problematic in a time of climate crisis. It is to be hoped that the final text of the ALIC Zero Draft will endeavour to more seriously grapple with the implications of climate crisis for agricultural land investment contracts, and pay close attention to the findings of the IPCC CCLR.

The lack of participation of African states in the WTO dispute settlement system is indicative to a certain extent of the discomfort that most African states feel vis-à-vis the said system. A future reform of the DSU must necessarily include procedural and substantive aspects to render dispute settlement more flexible for African countries.

This week, we offer an exciting treat to followers of the Afronomicslaw Blog! We are bringing the discussions on reform at the World Trade Organization (WTO) to you, from a unique “Global South” perspective. As WTO Members struggle to find solutions to the impasse in the selection process for appointing Appellate Body Members, and as concerns abound about the ability of the WTO to successfully navigate new issues confronting the multilateral trading system, I approached the editors of Afronomicslaw with the idea of dedicating a symposium to views of developing countries on the topic of WTO reform.  Thankfully, they were receptive, and I am proud to count among this week’s contributors: a former Appellate Body Member, WTO law academics, and practitioners hailing from Africa, India and the Caribbean.

This analysis demonstrates three key points. First, it is becoming untenable for central banks to avoid incorporating their human rights impacts into their decision-making and operations. Second, a human rights approach offers central banks a new tool for understanding the true costs and benefits of their operations. Third, central banks can meet their human rights responsibilities without compromising the independence they need to meet their monetary and financial responsibilities.