IBA @ UNFCCC
IBA on the international climate law stage
Since 2021, the IBA has been a registered observer organisation to the UN Framework Convention on Climate Change (UNFCCC) process and uses this important platform to help elevate the role of the legal profession in addressing the climate crisis and supporting the net zero transition on the international stage.
Working collaboratively with bar associations, law societies and civil society organisations from around the world, we convene official side events at UNFCCC conferences (notably the Bonn midyear meetings, and annual Conferences of the Parties – or ‘COPs’), providing a space where legal practitioners, bar associations, law firms and academic institutions exchange knowledge, ideas and best practice on the different ways that the legal profession is addressing the climate crisis and supporting Paris Agreement implementation.
Recent Events
2024
The LPRU held a number of events in the lead up to and during this year’s UNFCCC COP29 in Baku, Azerbaijan, focused on elevating the role of the legal profession in addressing the climate crisis and supporting Paris Agreement implementation.
Webinar: enabling action and enhancing ambition - what can we expect at COP29?
In the lead up to COP29, the LPRU with support from the IBA Business Human Rights Committee and IBA Energy, Environment, Natural Resources and Infrastructure Law Section, convened a webinar to explore key negotiating priorities at COP29 including the New Collective Quantified Goal on Climate Finance (NCQG), loss and damage, the Global Goal on Adaptation, and international carbon markets, as well as expectations on Parties to submit ambitious new Nationally Determined Contributions under the Paris Agreement. Legal experts reflected on the increasingly active engagement of the private sector at COPs, the role for lawyers in translating signals from COP29 outcomes on climate finance for clients and helping them to stay ahead of the regulatory curve in their approaches to structuring projects, and the importance of forest conservation, nature-based solutions and enhanced Global South cooperation as we look ahead to COP30 in Brazil next year.
Access a recording of the webinar and further resources here.
In a world of escalating climate change impacts, ‘climate competence’ describes the concept that all lawyers have a professional duty to understand climate change sufficiently that they can advise clients about relevant climate-related risks, and how to mitigate and adapt to them. It is a term that is gaining traction, but what does it really mean for lawyers and their law firms? How can law societies, bar associations, legal alliances and civil society organisations support their members to act in a ‘climate competent’ manner, and further advance climate ambition and justice among the legal profession?
During the first week of COP29, the LPRU, with the Brazilian Bar Association, American Bar Association and Net Zero Lawyers Alliance, convened a roundtable at Climate Law & Governance Day 2024 that explored these questions. The session brought together lawyers, barristers, bar association leaders and civil society organisations to share knowledge and tips about what climate competence looks like in practice.
(L-R) Emily Morison, Prof John Dernbach, Dominique Hogan-Doran SC, Lara Douvartzidis, Pascale Bird, Hung Yi Kuo, Clíona Kimber SC, Letícia Campos Mello, Alasdair Cameron.
Reflecting on her attendance at the roundtable, Sarah Kazmi of the Islamabad High Court Bar Association commented: "Attending this session was a wonderful opportunity to deepen my understanding of climate-competent lawyering. As Co-Chair of the Climate Change Committee at the Islamabad High Court Bar Association, it reinforced my commitment to raising awareness about climate-conscious lawyering at my bar. The insights from the speakers also informed my talk with law students at Lahore Grammar School, International Degree Programme Islamabad the following week, where I discussed how climate change is related to various legal practice areas". The Islamabad High Court Bar Association is one of a growing number of organisations from across the world who have contributed to the IBA Climate Registry;a platform for bars and law societies to share the steps they are taking to address climate change and facilitate the transition to net zero, both through their own operations, and their engagement with member lawyers and law firms.
The session was moderated by Emily Morison (Project Lawyer, IBA Legal Policy & Research Unit), with expert insights from:
- Pascale Bird (Executive Director, Legal Response International)
- Prof John Dernbach (Prof Emeritus, Widener University)
- Lara Douvartzidis (Senior Legal Executive, NZLA / Special Projects Officer, IBA Business Human Rights Committee)
- Dominique Hogan-Doran SC (Barrister, Australian Bar Association / Chair, IBA Bar Issues Commission Regulation Committee)
- Clíona Kimber SC (Chair, Climate Bar Assoc of Ireland)
- Hung Yi Kuo (Chairman, Taipei Bar Association Environmental Law Committee)
- Letícia Campos Mello (Secretary-general, Foreign Affairs Comm, OAB / Former Pres, Comm for the Defence of Sustainable Development, OAB)
- Alasdair Cameron (Climate Change, Planning & Envtl Law Policy Adviser, Law Society of England & Wales)
Reflections from the session
Climate competency demands broader legal education on climate impacts and risks
Prof John Dernbach (Prof Emeritus, Widener University) kicked off the conversation by explaining the concept of climate competent lawyering: “Climate competent lawyering demands first, the active exploration of the intersection between the issues of the legal problem or dispute and the climate issues and second, giving advice in litigating or resolving the legal problem or dispute in ways that meaningfully address the climate change issues.”
Panellists highlighted that climate competent practice depends on expanding legal education beyond traditional subjects to encompass climate impacts and risks. As Lara Douvartzidis (Senior Legal Executive at Net Zero Lawyers Alliance, and Special Projects Officer in the IBA Business Human Rights Committee) reflected, “all lawyers need to hold at least a basic understanding of the science behind climate and related issues including nature loss, and its adverse impacts. As Lord Leggatt said in Finch v Surrey County Council: “You can only care about what you know about”. Similarly, Pascale Bird (Executive Director at Legal Response International) observed that “Climate competence has traditionally not been seen as the bread and butter of corporate lawyers and commercial firms, but we strongly encourage all lawyers to upskill themselves, and to treat education on climate science and international climate law as part of their core continuous professional development.”
Dominique Hogan-Doran SC (Barrister at the Australian Bar Association and Chair of the IBA Bar Issues Commission Regulation Committee) emphasised that “lawyers must understand the physical, transition and liability risks associated with climate change when advising corporations and their directors on governance matters, and on compliance with the core duties to act in the best financial interest of members or policyholders.”
Property law is one example of an area of practice where understanding climate risks is crucial. Alasdair Cameron (Climate Change, Planning & Environmental Law Policy Adviser at the Law Society of England & Wales) highlighted that “as the physical impacts of climate change continue to escalate, one major challenge facing the legal sector is understanding how real assets are going to be impacted by climate change, particularly in jurisdictions like the UK where legislative frameworks to manage these impacts are lacking. There is a question as to what is the role for lawyers in the real estate space to help manage these risks and facilitate the transition to sustainable homes.”
Energy transition means opportunities for legal services
The transformations and innovations across all sectors that are required to meet the Paris Agreement 1.5-degree temperature goal offers opportunities for legal practitioners to strengthen and expand their service offerings: “Lawyers and law firms must expand their expertise in green technologies, renewable energy, and biofuels. In Brazil, the forthcoming national carbon market will require lawyers to understand its legal frameworks and implications. Climate issues often transcend borders, demanding collaboration with peers in other jurisdictions. Equipping lawyers with this knowledge is crucial to advancing sustainable practices and navigating complex regulations”, commented Letícia Campos Mello (Dual qualified lawyer in England and Wales and Brazil, and Secretary General of the Brazilian Bar Association Foreign Affairs Committee).
Expanding pro bono legal services is essential to breaking down legal barriers to climate justice: as Pascale Bird noted,“the role of a lawyer is fundamentally about facilitating and enabling access to justice for communities, individuals and governments who face barriers, for example, as a result of socioeconomic circumstances or procedural grounds. At the same time, pro bono legal services are engrained in many jurisdictions, and providing pro bono advice is becoming a core part of what it means to be a lawyer … At Legal Response International, lawyers, through the provision of pro bono advice, facilitate equity and access to justice in the context of the international climate legal regime for negotiators in developing countries.”
There are no non-radical solutions. We must be radical about how we think about law. Law traditionally has been a bipartisan rule and process designed largely as A against B with remedies, but lawyers must think outside the box and inspire those who do not necessarily know or care to think about radical solutions to tackle climate change
Clíona Kimber SC
Chair, Climate Bar Assoc of Ireland
What does climate competency look like for barristers?
Dominique Hogan-Doran SC observed “four prominent public arenas where barristers need to demonstrate climate competent lawyering: (I) increasing enforcement activities by regulators in high profile actions alleging greenwashing and market disclosure and claims. (ii) Barristers leading and defending class actions such as shareholder cases for misleading statements in relation to net zero targets and the reasonableness of transition plans but also class actions against governments seeking to establish the existence of a duty of care to particular vulnerable groups like young people and Indigenous Peoples (iii) strategic climate litigation which aims to change corporate behaviour and (iv) leading and appearing for parties in public inquiries concerning the impact of climate change.”
There is a clear ethical duty for barristers to be competent and informed and ready to assist clients in relation to climate change related matters, but equally, barristers must be careful not to overstate their expertise
Dominique Hogan-Doran SC
Barrister, Australian Bar Association / Chair, IBA Bar Issues Commission Regulation Committee
Bar associations and law societies provide critical support for climate competent practice
The session provided an opportunity for bar association and law society leaders to highlight the steps they are taking to support member lawyers to understand the impacts of climate change on their practices. Emily Morison (Project Lawyer, IBA Legal Policy & Research Unit) reflected on the IBA’s efforts to facilitate knowledge sharing of climate initiatives, and bringing together bars from across jurisdictions to share the work they are doing to educate and support lawyers when advising on climate change. The IBA’s 2020 Climate Crisis Statement urges lawyers to, acting in accordance with their professional conduct rules and the rule of law, consider advising clients of the potential risks, liability, and reputational damage arising from activity that exacerbate climate change.
Hung Yi Kuo, Chairman of the Taipei Bar Association Environmental Law Committee provided insights on the climate initiatives of the Taipei Bar (some of which are accessible through the IBA Climate Registry): “The Taipei Bar Association urges international corporations to undertake thorough due diligence on climate-related risks and reduce their carbon emissions.... and works to shift the focus of business from maximizing shareholder value to fostering social prosperity.”
Clíona Kimber SC highlighted the objective of the Climate Bar of Ireland – a specialist association supported by the Bar of Ireland which brings together environmental law expertise and thought leaders in environmental law and biodiversity protection for the Irish legal community and for Irish society – “to raise awareness about lawyers can link in with other sectors and inspire those who would not otherwise care about climate competency.”
This event was hosted by the Climate Law & Governance Initiative.
Watch a recording of the session here.
Moderated by Emily Morison, the event featured insights from:
- Caio Borges, Regional Director for Latin America and the Caribbean, FILE Foundation
"Through strategic litigation, lawyers help to hold governments and corporations accountable for their climate and nature impacts, as well as associated impacts on human rights. We are seeing climate litigation manifest in many forms, from requests for advisory opinions on the obligations of states in relation to climate change in international courts, to challenges against corporations for greenwashing or failure to align emissions reductions with Paris Agreement goals, and challenges to government national climate mitigation plans. These developments point to a critical role of lawyers from all practices to be tracking these litigation trends, and advising their corporate and government clients on evolving climate litigation risks." - Gozal Huseynzade, Head of the International Cooperation Department, Azerbaijani Bar Association
"Lawyers are not just defenders of rights but architects of solutions. In the face of climate change, we are uniquely positioned to craft frameworks that drive accountability and sustainability. Bar associations, as the cornerstone of the legal profession, guide and empower lawyers to rise to these challenges, fostering collective action for a better future." - Ummi Jalilova, Managing Partner / Director of Baku office, Grata International
“Last year at COP28, we saw Parties agree the First Global Stocktake, that milestone first assessment of progress toward achieving the goals of the Paris Agreement which encouraged Parties to take actions at a global level including transitioning away from fossil fuels in energy systems. As a jurisdiction whose economy has traditionally relied on oil and gas, Azerbaijan faces particular challenges – but also perhaps the greatest opportunities – from this transition. As a lawyer based in Baku, I am hopeful that the outcomes of COP29 trigger the domestic regulatory changes needed to scale up the transition here, while incentivising private sector investment in mitigation and adaptation activities in developing countries. Lawyers can help clients understand the investment signals that we expect to see arise from COP outcomes – particularly the outcome on the new finance goal, and rules on international carbon markets – and turn these into action."
"There is a real need for capacity building among lawyers, not only on the national level, but also through developing and enhancing cooperation with foreign universities. It is also crucial to ensure that responsibility for both lawmaking and law enforcement lies with well-trained lawyers specialized in environmental protection and climate issues.” - Dr. André Lippert, Partner, CMS Germany
"Lawyers play an important role in translating climate protection and sustainability strategies into law, giving legal certainty to our shared goals and commitments. This is what we at CMS Germany do when advising the German Federal Ministry for Economic Affairs and Climate Protection on how to promote investments in more climate-friendly industry through Carbon Contracts for Differences – in the first such bidding process in Europe and the world." - Dr Matthias Lang, Vice Chair, IBA Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL) / Partner, Bird & Bird
"The Paris Agreement and the outcomes of each UNFCCC COP provide critical global signals about the future direction of climate policy and regulation. Meanwhile, each country’s new nationally determined contribution under the Paris Agreement due early next year will guide future domestic climate legislation and regulation to 2035 and beyond. Against this background, lawyers advising business clients can facilitate Paris Agreement alignment and climate ambition. They can do this by not only assisting clients on technical compliance with current regulation, but also to develop corporate strategies and governance structures that help them stay ahead of the regulatory curve. This is just one reason why its good to see so many lawyers at COP29, and highlights the need for us as a community to play close attention to its outcomes." - Prof. Uma Outka, COP29 Delegate, American Bar Association / Professor of Law, University of Kansas School of Law
"Bar associations are uniquely situated to create fora for exchange of ideas among lawyers working on the leading edge of sustainability issues in their fields." - Mr. Juta Wada, Member, Japan Federation of Bar Associations Climate Change Committee / Partner, Wada Law Office
"This event was so fruitful for me. It served as an opportunity for creating good relationships with lawyers and bar associations from across the world. I believe that from now on, we can work with other bar associations to exchange information on the role of bar associations on climate change, and cooperate in creating an educational program for lawyers, for example. The side event also motivated me to adequately advise my client companies on climate change."
Watch Emily Morison's and Matthias Lang's reflections here.
June 2024 marked the annual UNFCCC Bonn Climate Change Conference, where parties to the UNFCCC, Paris Agreement and Kyoto Protocol came together to progress discussions of key issues in preparation for COP29 in Azerbaijan later this year.
The IBA, along with the American Bar Association (ABA) and Federal Council of the Brazilian Bar Association (OAB), was on the ground at the Bonn Conference to convene an official side event on the role of law, lawyers and law associations in Paris Agreement implementation.
Featuring legal experts from the IBA, ABA, OAB and Council of Bars and Law Societies of Europe (CCBE), the side event explored the unique and evolving roles of law, lawyers and law associations in implementing the Paris Agreement and advancing the net zero transition, including:
- how recent developments in climate regulation designed to support Paris Agreement implementation are shaping lawyers’ roles;
- the emerging concept of ‘climate competent lawyering’ and what it might mean for individual lawyers in practice; and
- the work of bar associations and law societies to advance climate awareness and ambition among their members, and the challenges they face in these efforts.
What emerged from the discussion was that the transboundary, polycentric, and ever-evolving nature of the climate crisis – and the regulations introduced in response by the EU and others – are fundamentally transforming everyday legal practice. Lawyers from across practice areas are being increasingly challenged to: advise on regulations outside of their domestic jurisdictions; engage in dialogue with overseas practitioners to understand supply chain risks; and advise on expanding climate-related risks and opportunities that intersect with human rights and biodiversity challenges.
- ‘As we aim towards net zero emissions, lawyers will have to play a pivotal role in achieving laws to reduce carbon pollution, promote clean energy and mitigate the effects of greenhouse gas emissions. Putting my academic hat on, an important foundational element of Paris Agreement implementation is education and training […] If all lawyers are meant to be climate lawyers, all lawyers need a climate legal education.’ – Achinthi Vithanage – Professor of Law & Associate Director of Environmental Law Programs, Elisabeth Haub School of Law at Pace University, United States; Governing Council Member, Section on Environment Energy & Resources (SEER), American Bar Association
- ‘The new US climate change law (the Inflation Reduction Act of 2022) is designed to address climate change through giving tax incentives to companies, so who are the leading climate change lawyers in the United States? Tax lawyers. […] every lawyer now in every practice area has the opportunity to contribute to addressing climate change.’ – Roger Martella, Chief Sustainability Officer, GE Vernova, United States; Secretary, IBA Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL)
- ‘When designing a contract for supply chains, we are actually writing transboundary law. We are actually regulating supply chains and deliveries across the globe […] This is a new challenge for us because we have to reach beyond our jurisdictions […] We have become engineers of transition, and this involves entirely new responsibilities for our work as councillors and advisors.’ – Wilhelm Bergthaler, Haslinger / Nagele, Austria; Council Member, SEERIL, IBA
- ‘Verein KlimaSeniorinnen Schweiz and Others v. Switzerland has really opened the door, telling us that the climate crisis is a possible infringement of the human rights of the citizens of a country. The links between human rights and the environment are close, and we now recognise climate change as a health problem and an existential problem that requires urgent solutions. The role of lawyers in this field is huge, because we have to play a role on the side of businesses, and also on the side of victims of climate change and environmental pollution.’ – Jean-Marc Gollie, Eubelius, Belgium; Chair, Environment and Climate Change Committee, Council of Bars and Law Societies of Europe
- ‘The 2023 German Supply Chain Due Diligence Act is an example of how our role is changing in practice. Brazil hosts over 1,000 German companies, and their activities constitute a significant part of our GDP. The Act has a strong impact on our legal market. Lawyers in both Brazil and Germany need to understand each other and the regulations governing German companies’ supply chains. This is complex because it essentially integrates European law into our local legal frameworks. It requires lawyers to collaborate across multiple jurisdictions and anticipate risks for clients before they materialise. We must be cautious not to leverage Europe’s economic power to impose compliance rules that are unclear in less developed countries. This uncertainty and disconnection from local realities and legal systems may generate new risks for companies and potentially drive away investments from developing countries – investments that are crucial for addressing sustainable development and the climate crisis.’ – Leticia Campos Mello – Secretary-general of the Foreign Affairs Committee and Former President of the Committee for the Defence of Sustainable Development, Federal Council of the Brazilian Bar Association; Dual-qualified Lawyer, Brazil / England and Wales
2023
Since becoming an observer organisation to the UNFCCC process in 2021, the IBA has jointly held two events at COP27, and an official side event at the Bonn Climate Change Conference in June 2023.
At COP28 in Dubai in December 2023, the IBA, together with the ABA, OAB and Law Society of England and Wales, maintained a strong presence with a series of impactful initiatives, including:
- A half-day symposium with support from DLA Piper, featuring keynote speakers and specialists from various regions, emphasising practical strategies for climate-conscious lawyering. View sessions on ‘Everything, everywhere, all at once: Lawyers tackling the climate crisis’ below.
- An official Blue Zone event, focused on the role of lawyers in the climate crisis, highlighting bars’ achievements in climate advocacy and provided practical insights for legal professionals. Click here to watch the event.
At COP27 in Sharm el-Sheikh in 2022, Lara Douvartzidis, Project Lawyer in the IBA LPRU moderated an official side event on ‘Utilizing the law as a key tool toward addressing climate change and promoting equity’ featuring comments from Marie-Claire Cordonier Segger, University of Cambridge, CISDL; Selina Lee-Andersen, McCarthy Tétrault LLP; Roger Martella, Chief Sustainability Officer, General Electric Company; and Letícia Perrone Campos Mello, Brazilian Bar Association. Watch this event here.