Talking about environmental law today and looking towards the Summit of the Future in 2024

Last week, I spoke at two events: On 10 and 11 July, the UN Environment Programme convened the first meeting of legal officers of environmental conventions. I listened to the brilliant legal minds – leaders in shaping substantive and procedural legal issues at UNEP and Multilateral Environmental Agreements, and learnt about the role of lawyers in developing solutions to the triple planetary crisis of #climatechange, #biodiversityloss, and #pollution.

I presented on rules of procedure of the United Nations Environmental Assembly, alongside the Principal Legal Officer of the UNEP Law Division Stadler Trengove . The presentation included how the rules have been implemented in recent meetings of the Assembly and its subsidiary bodies, including on credentials, quorum, procedural motions such as adjournment, the powers of the President, proposals and amendment, and hybrid and online meetings. Many thanks to Stadler and Patricia Kameri-Mbote for the opportunity to stand on the shoulders of giants.

On 14 July, I represented the IUCN World Commission on Environmental Law Early Career Specialist Group, in a United Nations High Level Political Forum #hlpf2023 official side event on “A Transformational Shift for Planet and People: African Youth Accelerating the COVID-19 Recovery, and Leading Through Innovative Projects to Regain Balance with Nature and Provide Clean Energy for All, in Line with the #SDGs.”

I joined voices with other African youth, to discuss how we can shape the future of #environmentallaw and #environmentalpolicy as we are “Looking Towards the #SummitoftheFuture in 2024”. Among the issues that are under discussion for the Summit of the future, I spoke of three:

1. Elevating the concepts of intergenerational equity and trusteeship in legal action on protection of the environment
2. Implementing the right to a clean, healthy and sustainable?environment, and
3. Supporting climate litigation globally, including through drawing the link between human rights protection and the rights of future generations.

First, on intergenerational equity and trusteeship in legal action: Law for future generations, includes not only rights for future generations but also duties for present generations towards future generations. The Stockholm Declaration set in motion the recognition that humankind of today “bears a solemn responsibility to protect and improve the environment for present and future generations.” The Stockholm Declaration also outlines that tumankind of today must safeguard “[the] natural resources of the earth, including the air, water, land, flora and fauna and especially representative samples of natural ecosystems… for the benefit of present and future generations through careful planning or management, as appropriate.” This includes a responsibility to use natural resources in a way that prevents “their future exhaustion and to ensure that benefits from such employment are shared by all”.

In developing and implementing environmental policy, countries should have regard to the potential impacts on the future development potential of developing countries, including the potential social, and economic impacts. This creates a role for lawmakers and policymakers, to query what elements must be focused on so that in developing laws and policy, potential impacts on future generations are incorporated and mitigated.

Second, on promoting the right to a clean, health, and sustainable environment: At the international level, the General Assembly recognized the right as a human right. Now we look to how countries can implement the right in a way that factors in the obligations of today’s generations, to protect the environmental rights of present generations, as well as for future generations. While recognition at the international level shows recent progress, this is the culmination of efforts at local, regional, and international levels, to elevating this right to the level it is warranted to be at.

At the regional level, the African Charter on Human and People’s Rights provides for the right to the environment, the first international instrument that thrust the right to international law spaces. Also referred to as the Banjul Charter, the instrument was the basis for the decision in the Ogoni v The Government of Nigeria, concerning allegations of human rights violations by Nigeria. The African Commission in this case, while non-binding and only persuasive in courts of law, illuminatingly found Nigeria to be in violation of the right to a generally satisfactory environment under Article 24 of the Charter, in activities involving oil extraction where the State authorized private actors to carry out human rights abuses against the Ogoni people. Similar constitutional provisions at national levels, and notably in various African countries, have provided an avenue for action on the environment.

Third, on promoting climate justice at international courts, including reliance on human rights and the rights of future generations: Accountability of State and non-state actors-including multinational enterprises and institutions for the environmental, human rights, and other consequences of their energy and natural resources activities is an area of concern. With respect to multinational enterprises, concepts of Corporate Social Responsibility (CSR), Sustainable and Responsible Investment, and Corporate Social Investment are important safeguards to ensure companies comply with human rights considerations including in the extractives industry. The UN Guiding Principles on business and human rights outline the responsibilities of businesses in respecting human rights, including for activities outside their home countries.

State and non-state actors can be held accountable through various actions, including through moving the court at the national level, regional bodies, or international forums. However, issues of extraterritorial jurisdiction are often in focus, preventing claimants’ successes in some instances. Still, at the international level, claimants are increasingly seeking refuge with the courts, for example with the request for an advisory ruling from the International Court of Justice, championed by Vanuatu youth: an example of where youth mobilization has spurred international action. The findings from this advisory opinion can be crucial in clarifying the legal obligations of countries to address climate change — and to create a path for countries to be sued if they fail to uphold their legal obligations.

There are also other avenues for seeking legal action for future generations: aggrieved persons can submit a complaint to the human rights mechanisms established in connection with the United Nations Human Rights Council. At the regional level, an aggrieved party can present an application to the African Commission, or the African Court on Human and Peoples Rights for determination especially where there is a connection with the non-state actor and an African State. Also at national levels, there is an opportunity for youth-led initiatives to seek judicial clarification of the rights of future generations – as well as the obligations of present generations and our role in safeguarding the environment, social protection, and economic wellbeing for generations to come.

Around the world, #youth are already using the law as a tool for environmental action. Youth are leading projects against climate change – for example through climate litigation: championing cases against States and non-State actors, to reduce greenhouse gas emissions. In promoting biodiversity action, youth have spearheaded projects to conserve the environment, whether tree-planting projects, or projects to develop technology to help farmers manage their farms. Youth have also contributed to proposing projects to reduce pollution from businesses, including championing cases and leading in activism.

These are a few ways where youth can play a part in promoting environmental action. In advocating for a clean, healthy, and sustainable environment. For present generations, and future generations, to have a world that is just. That is clean. That is healthy, and that protects people, and planet.

Many thanks to the Chair of the Specialist Group, Marina Venancio , who leads the work of the Group, where we – young environmental lawyers, look for opportunities to promote environmental protection through the law. Thanks also to Prof. Dr. Christina Voigt , Ayman Cherkaoui , as well as the Permanent Mission of the Kingdom of Morocco to the United Nations, Mohammed VI [six] Foundation for Environmental Protection, and the Global Steering Committee of Children and Youth Major Group, for the invitation to the speak on how youth can contribute to achieving the #SustainableDevelopmentGoals, through innovative projects that promote harmony with nature, and provide clean energy for all.?