Climate Change requires Global Change of Law

 Dear Professor Vasco Pereira da Silva and Colleagues,

I am addressing the video article ELPIS v-Law Review n.º 5/2022 on the topic “Climate Change requires Global Change of Law”, by Professor Vasco Pereira da Silva.

Climate change is one of the most significant global challenges of our time, as it knows no boarders: it is an issue that affects every form of life that exists in our planet. Therefore, addressing it requires action and coordinated effort from all sectors of society. Hence, global administrative law, which refers to the set of legal principles, rules, and practices that orient the actions of governments, international organizations, businesses, and even individuals, plays a critical role in the prevention of climate change. A role that can no longer be understated.

Therefore, it is interesting to will explore the role of global administrative law in climate change prevention and the challenges it faces in achieving this goal.

Global administrative law can be used to regulate the activities of governments and public administrations in general. Moreover, global administrative law is a crucial instrument that facilitates the coordination of efforts to combat climate change and ensure that all nations act in a manner consistent with the global public interest.

In fact, one of the most significant roles of global administrative law in fighting climate change is to facilitate international cooperation and coordination. International organizations, such as the United Nations and its subsidiary bodies, play a vital role in coordinating the global response to climate change. Global administrative law can help ensure that these organizations act transparently, accountably, and in the public interest when developing and implementing policies related to climate change. That is right, I am stating the importance of the administrative procedures that precede the final decision. How outdated of me, I know. But from where I stand, I see the procedure as a way of making sure that the decisions represent the public interest. This includes ensuring that governmental agencies and other public administration entities conduct adequate scientific research and analysis, consider public input and feedback, and follow proper procedures for rulemaking and enforcement.

Another important role of global administrative law in fighting climate change is to hold international organizations and other global actors accountable for their actions. International organizations have a significant impact on global environmental policy, and their decisions can have far-reaching consequences. Global administrative law can help to ensure that these organizations act within their mandates and comply with international law when making decisions related to climate change.

Additionally, global administrative law can be used to establish and enforce international standards for environmental protection and sustainability. These standards can be used to guide the development and implementation of national policies related to climate change and ensure that all nations are held to the same high standards of environmental protection. For example, international agreements such as the Paris Agreement on Climate Change set out binding emissions reduction targets and mechanisms for monitoring and reporting progress.

 

However, global administrative law faces several significant challenges in preventing climate change.

One of the most significant challenges is political interference. Political pressures can cause agencies to make decisions that prioritize the interests of economic growth over the public interest. For example, the Trump administration rolled back numerous environmental regulations and withdrew from the Paris Agreement, which aimed to limit global warming to well below 2 degrees Celsius.

Another significant challenge is the lack of global consensus on the issue. Some nations may prioritize economic growth over environmental protection, leading to disagreements and conflicts in international environmental negotiations. Additionally, the lack of an enforceable global legal framework for environmental protection and sustainability makes it difficult to hold nations accountable for their actions.

Another challenge is the complexity and scale of the problem. Climate change is a global issue that requires coordinated action across multiple sectors and countries. Administrative law is often limited to regulating activities within a particular jurisdiction, making it difficult to address the global nature of the problem.

Despite these challenges, administrative law can still play a critical role in preventing climate change. One approach is to use administrative global law to incentivize sustainable practices and reduce greenhouse gas emissions. This could include offering tax incentives or subsidies for businesses that reduce their carbon footprint or requiring companies to disclose their emissions and sustainability practices to investors and the public.

One of the examples that demonstrates the importance of administrative regulations regarding this topic is Regulation 2021-1119 of the European Parliament and Council, as presented by Professor Dimitrios Parashu Gottfried Wilhelkm Leibniz from the University of Hannover on his video. Here he highlights the importance of this regulation in establishing the framework for the gradual reduction of greenhouse gas emissions to achieve climate neutrality. Additionally, Professor Leibniz mentions that this regulation foresees the necessity of public participation having in mind that all sectors of society are affected and consequently, should have a say in this topic of reaching climate neutrality.

Moreover, to effectively address climate change, administrative law needs to shift from a primarily reactive approach to a proactive one. In other words, instead of merely responding to environmental harm after it occurs, administrative law must take steps to prevent harm from happening in the first place. One way to achieve this is to incorporate principles of environmental sustainability into administrative law. For example, governments can adopt policies that prioritize the use of renewable energy, reduce greenhouse gas emissions, and promote energy efficiency.

Another approach is to use administrative global law to create a framework for international cooperation on climate change. This could include developing agreements between countries that set emissions reduction targets and establish mechanisms for monitoring and reporting progress. Administrative law could also be used to enforce these agreements and hold countries accountable for failing to meet their commitments.

 

In conclusion, administrative law has a vital role to play in preventing climate change. It can facilitate international cooperation, hold international organizations and other global actors accountable, and establish and enforce international standards for environmental protection and sustainability. However, overcoming the challenges of global consensus and the lack of an enforceable legal framework will require continued effort and commitment from all nations. Only through global cooperation and coordination can we effectively combat climate change and protect the planet for future generations.

 

Maria Luísa Almeida Dias. Nº 140121117