ERC, Role UK Review Legal Preparedness for Implementation of Paris Agreement Rule Book

Fadekemi Ajakaiye

Environmental Resource Centre, ERC, in collaboration with Role UK held a one-day Roundtable on Climate change in Lagos recently.

The Roundtable which was tagged “The Legal Preparedness for the Implementation of the Paris Agreement Rule Book in Nigeria” brought professionals from both legal and environment sectors.

Mr. Huzi Mshelia, a board member on Environmental Resource Centre, ERC, as well as a speaker stated the essence of the roundtable as a means of generating a roadmap on how to use the legal framework to address issues relating to climate change in Nigeria.

He defines Climate change as a ‘wicked problem’which defies established concepts of law and legal boundaries thus presenting a ‘whole legal system problem’.

In his example, international law is premised on the idea that countries’ coastlines are a constant – not any more. Climate Change is receding coastlines and national boundaries, he said.

He stated that “If a country disappears, due to sea-level rise induced by climate change, is it still a country? Does it keep its seat at the United Nations? Who controls its offshore mineral rights? Its shipping lanes? Its fish?” These are Legal questions asked by the Marshall Islands.

He said every country is vulnerable to climate change. Vulnerability is a function of three factors: exposure, sensitivity and response. First two factors have to do with scientific assessment and data collection, while response entails policy and legal. While policy response is available, the legal is still absent.

Climate impacts are still uncertain and often irreversible, therefore requires a needs-driven and customised legal response that are developmental, transformational, dynamic, evidence-based, balanced, cost effective and fully integrated and aligned with national aspiration, he said.

Mr. Christoph Schwarte of Role UK in his review stated that Mechanisms for stakeholder involvement, a climate-aware public and effective rules and procedures, including comprehensive legislation and policy as well as transparent, inclusive and effective decision making processes with enough political authority to limit reversal are important for a country’s ability to meet their NDCs.