Earth Today | A case for environmental rule of law

A NEW report from the United Nations Environment Programme (UNEP) has championed environmental rule of law as central to achieving the global shift to sustainable and resilient economies and societies.

The report, titled No transition without justice: Strengthening Environmental Rule of Law for People and Planet, has sought to clarify what is meant by ‘just transition’ within the environmental context, while providing a roadmap to help ensure that the burden of environmental change is not carried by the vulnerable.

“The framework of environmental rule of law is inherently complementary to that of just transition. Just transition seeks a transformation of global economic and governance systems to mitigate environmental crises while acknowledging the interconnectedness of all environmental components, respecting human rights, promoting equity, alleviating poverty and empowering people,” said the report, which was published last month.

“Environmental rule of law provides the mechanisms to achieve this transformation through law development, implementation and accountability measures. Integrating environmental rule of law into the just transition discussion emphasises the importance of accountability, transparency, institutional capacity, effectiveness and rights. Framing just transition as a rule of law issue underscores concerns about the integrity, legitimacy and effectiveness of governance, particularly in times of urgent environmental challenges,” it added.

The report also called attention to what it described as the “inherently interconnected and mutually reinforcing” nature of environmental and economic interests, noting that “legal measures that couple economic incentives with environmental protection to support a transition to a more sustainable economy can have overall positive effects on labour markets and societies”.

“Both environmental rule of law and just transition recognise the connection between environmental and economic interests, as well as social and cultural interests and human rights. Environmental rule of law is particularly important given the urgency of just transition,” the UNEP publication noted.

“When the need and will to move quickly are strong, there is a risk of prioritising speed over justice – focusing solely on achieving the transition rather than ensuring that it is fair, inclusive and sustainable. For example, policies aimed at retraining and employing workers affected by climate change mitigation measures can fail if implemented hastily, without consulting the workers, ensuring adequate social support and opportunities, and guaranteeing that administering agencies are sufficiently funded, capable and free from corruption,” it added.

Ultimately, the report said, just transition – described as “a fair, inclusive and rights-based transformation towards environmentally and socially sustainable and resilient economies and societies that respects environmental rule of law and ensures no one is left behind in addressing environmental challenges across all sectors” – is only truly transformative rather than a superficial shift with environmental rule of law.

“Without this foundation, transition risks leaving behind those already marginalised by previous changes, further entrenching inequality and deepening existing inequalities,” the report explained.

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