IBA @ UNFCCC
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.
2024 is a critical year for international climate negotiations: States Parties to the UNFCCC must work toward agreement on the new collective quantified goal on climate finance (NCQG) – the successor to developed country parties’ commitment in 2009 to jointly mobilise $100bn per year by 2020 to support developing countries to respond to climate change, and which must be agreed by 2025. Meanwhile, States Parties to the Paris Agreement are preparing to submit revised and more ambitious ‘Nationally Determined Contributions’ (NDCs) early next year, informed by the outcomes of last year’s First Global Stocktake.
These developments will have important implications for the role that lawyers play in facilitating Paris Agreement implementation. The IBA’s Legal Policy & Research Unit (LPRU) is working with member bars and key IBA committees to address these issues as they evolve, and will continue to support lawyers, bar associations and law societies to actively engage in the international climate law space.
We are currently preparing for our engagement at COP29 in Azerbaijan in November 2024: more information about our COP29 activities, including official side events, will be made available on our website.
IBA @ UNFCCC Bonn Climate Change Conference 2024
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
Highlights from the IBA’s previous UNFCCC engagements
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.