This Friday’s Earth Day is a major moment in the environmental calendar that comes as recent reports, including from the UN this month, have warned we are on track for an “unlivable world” due to climate change and biodiversity loss. Amid the Ukraine conflict, and with the coronavirus pandemic not yet over, there are growing calls to preserve the planet for a prosperous future. Yet with so many challenges coming at the same time, it is clear that global processes to put the world onto a more sustainable pathway need a serious injection of political urgency, plus greater participation of other stakeholders, including businesses. One of the changes needed is a new generation of environmental agreements that are more robust, inclusive and, ultimately, more effective. Governments have traditionally led the UN negotiations process, yet they cannot do it all by themselves given the monumental scale of the challenge, and other players from the public, private and third sectors must now enter the arena to ensure the level of ambition is delivered. First, environment ministers are often over-ruled within governments by economy and/or financial ministries from signing up to ambitious commitments. Traditional shorter-term priorities often take precedence, as was shown in the prioritization of policies during the last financial crisis from 2008 onwards, and there is a danger that the same could happen in the 2022 international cost-of-living crisis. Second, governments change. Commitments made by one administration can be quickly washed away following an election. And third, there is no credible enforcement of globally legally binding agreements. No country to date has faced prohibitive penalties for not implementing a promised reduction of greenhouse gas emissions or rate of deforestation. This underlines that a new way of addressing these issues is urgently needed — one that builds a common understanding, creates domestic political support for action across political divides, reduces the risk of commitments being overturned after elections and increases prospects for implementation. One way to achieve this is a greater focus on national legislation, specifically requirements to put into domestic laws — within a given timeframe — commitments made in global processes. Domestic legislation, particularly when supported by cross-party lawmakers, is more durable than a commitment made at global forums. Effective national laws are only possible if legislators are integrated into formal negotiations. Thus far their involvement in the UN negotiations on climate change, for instance, is mixed. Some countries bar legislators from such delegations. This is hardly the best way to ensure an effective national response, with broad political support and legal underpinning, to the international process. No country to date has faced prohibitive penalties for not implementing a promised reduction of greenhouse gas emissions or rate of deforestation. Andrew Hammond This is not a call for yet another group to be at the negotiating table, but for recognition that, for a new generation of UN agreements to succeed, it is imperative to engage the constituency that has the legitimacy and authority to create the necessary national governance structures. This has helped result in comprehensive new climate legislation in nations from South Korea to Mexico and is contributing to the development of laws in numerous countries including China and India. If scaled up, this type of engagement could deliver game-changing results. The benefits of fully engaging legislators do not stop at the laws themselves. Well-informed politicians are better placed to effectively oversee the implementation of national legislation and strengthen the chances of meeting commitments made in international forums. Take the example of climate negotiations, where the international community needs to better recognize the importance of legislators, and national laws, and in so doing enhance the effectiveness of the agreement. This should include a requirement that all countries must put into national laws their commitments within a fixed period (e.g., 24 months) of a new global agreement being reached. In so doing, there will be increased international effectiveness in meeting the challenges of sustainable development. First, a comprehensive assessment of existing national legislative responses should be undertaken to address and prepare for the impacts of environmental challenges, including climate change. The more countries understand the nature of the laws they will need to deliver on the Paris Agreement, have a clear sense of what has worked and not worked in other countries and see the challenges of implementation, the more the legal basis for that landmark agreement will be built out. Second, national governance structures on the environment should be strengthened by calling on heads of government, relevant ministers and lead negotiators ahead of the UN climate negotiations in Egypt and requiring them to report back to their national legislatures. This should be undertaken both on the national positions going into the negotiations, as well as the reporting back on outcomes. The time is ripe for a new generation of international agreements that harness the power of national lawmakers. If they are better engaged, these legislators can help create the foundation for genuine sustainable development, post-pandemic. Andrew Hammond is an associate at LSE IDEAS at the London School of Economics
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