Lala AKBAROVA

Expert of the Human Rights Committee of the National Assembly,

PhD student at the Institute of Law and Human Rights under the Legal

Expertise and Legislative Initiatives Center public legal entity, MSc in

International Relations and Global Studies, Lindenwood University, USA

E-mail: L.Akbarova88@gmail.com

ORCID: 0009-0003-0400-958X

Abstract. The article examines the national climate policies and legislation worldwide in the context of COP29 in Azerbaijan (November 11–22, 2024), providing a comparative analysis.

The author highlights the current triple planetary crisis facing the global community, encompassing rising temperatures, declining biodiversity, and chemical and biological pollution. Pollution of air, soil, and water threatens the future of humanity and undermines fundamental rights of people to a clean and healthy environment.

According to the United Nations Environment Programme (UNEP), successfully addressing the interconnected crises of climate change, biodiversity loss and pollution will require a total investment of $8.1 trillion by 2050, with annual investments reaching $536 billion by that time. In this context, there is a pressing need to reconstruct environmental protection legislation, reform climate policies, and establish an updated regulatory framework for effective collaboration among stakeholders.

The article reviews the current state and prospects of climate policy and climate change legislation in various countries, with a focus on insights from the 29th UN Climate Change Conference (UNFCCC), widely known as “COP29 – Azerbaijan 2024” after its host country.

The primary objectives of COP29 include strengthening commitments to reduce greenhouse gas emissions, increasing investments in renewable energy, and creating adaptation mechanisms for the most vulnerable countries.

Achieving these goals—cutting emissions, enhancing resilience to climate impacts, promoting sustainable practices, and enabling a green transition to a low-carbon economy—requires that countries prioritize national climate policies and legislation as integral components of their climate change strategies.

Key words: COP29, climate policy, climate change legislation, national laws, world, UN, climate strategy, comparative analysis, Azerbaijan

Introduction

Today, the world is facing a triple planetary crisis that includes rising temperatures, declining biodiversity, and chemical and biological pollution of the environment. Pollution of air, soil, and water undermines the human right to a clean and healthy environment. According to UNEP, “to successfully overcome the interrelated crises of climate, biodiversity, and pollution, $8.1 trillion in total investment will be required by 2050, while annual investment by 2050 should amount to $536 billion” [27]. In such conditions, there is an increasing need to restructure states’ approaches to environmental protection, develop climate policies, and create an updated regulatory framework for interaction among entities in this area.

The UN Climate Change Conference – COP29, taking place in Baku from 11 to 22 November 2024, is of crucial importance for global climate policy. By holding meetings at this level, the world community aims to reduce humanity’s impact on the climate and prevent catastrophic consequences.

The main goals of COP29 include strengthening countries’ commitments to reduce greenhouse gas emissions, increasing investment in renewable energy, and creating adaptation mechanisms for the most vulnerable countries.

The priorities of COP include reducing greenhouse gas emissions, building resilience to climate-related impacts, promoting sustainable practices, and implementing policies and initiatives to transition to low-carbon economies — ultimately positioning climate policy and legislation as a key component of climate solutions.

The article examines the state and prospects of climate policy and climate change legislation development in various countries in the light of the United Nations Climate Change Conference (UNFCCC), more commonly known as COP29 – Azerbaijan 2024. Azerbaijan was unanimously elected as the host country for the event.

1. COP29 – Azerbaijan: Decisive Step in Global Climate Policy

World media described COP29 as a key platform to showcase Azerbaijan’s efforts in addressing global climate change.

President of the Republic of Azerbaijan Ilham Aliyev shared a post on his social media accounts headlined “The COP29 is a turning point in the climate diplomacy”, summarizing the outcomes of the conference. COP29 President, Minister of Ecology and Natural Resources, Mukhtar Babayev, stated, “The Baku Finance Goal represents the best possible deal we could reach. In a year of geopolitical fragmentation, Azerbaijan’s ability to fulfill the goals. They doubted that everyone could reach an agreement.”

Earlier, during the preparation period for COP-29, an international conference titled “Law & Climate” was held in Baku, the capital of Azerbaijan. The two-session conference covered a range of topics, including “the international legal framework on climate change: key requirements of the Paris Agreement under the UN Framework Convention on Climate Change (UNFCCC),” “court disputes on climate change: current trends and successful examples at the international and national levels,” “climate change and environmental crimes: global demands and contemporary challenges,” “plans and expectations for Azerbaijan’s hosting of COP-29,” and “the role of the International Association of Judges in the field of environmental law.”

1. Babayev, in his speech at the international conference stated: “At the same time, there are serious challenges that need to be addressed. One of the biggest challenges is building capacity to adapt to climate change. In particular, limited access to clean technology and international climate finance systems makes it difficult to implement new projects at the local level. Another serious problem is the strengthening of legal frameworks. Although Azerbaijan’s national climate legislation has been adapted to international standards in some areas, additional reforms are needed to combat climate change more effectively. By introducing clearer and more specific mechanisms to address climate change in legislation, a stronger legal basis can be created for both the implementation of our global climate obligations and the prevention of climate crimes. As a result of strict control measures implemented in the field of environmental protection in order to prevent environmental crimes, harsh punishments applied by law enforcement and prosecution authorities against law breakers, and continuous educational work, a decrease in the number of environmental crimes has been observed in recent years compared to previous years. Currently, work is being done in the direction of preparing a new climate strategy in our country. A special feature of the COP29 summit will be the emphasis on planning targeted fundraising and spending. The main goal is to limit global warming to 1.5 degrees Celsius, which requires urgent action to create an active climate policy and relevant climate change legislation” [20].

As one of the conclusions adopted at COP-29, “The Baku Finance Goal” set a new global target to channel $1.3tn of climate finance to developing countries by 2035, marking a significant uplift. This includes a new core finance goal of $300bn, which triples the previous $100bn target. The COP29 Presidency of Azerbaijan today announced the agreement on the Baku Finance Goal (BFG), a new commitment to channel $1.3tn of climate finance to the developing world each year. Success in achieving the COP29 Presidency’s top priority for the UN Climate Summit represents a significant uplift from the previous climate finance goal of $100 billion and will unlock a new wave of global investment.

The Baku Finance Goal contains a core target for developed countries to take the lead in mobilizing at least $300 billion per year for developing countries by 2035. This represents a $50bn increase over the previous draft text and is the result of 48 hours of intensive diplomacy by the COP29 Presidency. It gives special consideration to supporting the least developed countries and small island developing states, with provisions on accessibility and transparency.

The Baku Finance Goal is the centerpiece of a package of agreements that deliver progress across all climate pillars. These breakthroughs are the result of months of intensive diplomacy by the Azerbaijani Presidency to tackle some of the most complex and controversial tasks in multilateral climate action. They mark a critical step in establishing the means to deliver a pathway to 1.5°C.

COP29 ended the decade-long wait for the conclusion of Article 6 negotiations on high-integrity carbon markets under the UN. Financial flows from compliant carbon markets could reach $1 trillion per year by 2050. They also have the potential to reduce the cost of implementing national climate plans by $250 billion per year. Combined, the Baku Finance Goal and Article 6 will forever change the global climate finance architecture by redirecting investment to the developing world [6].

2. Brief Look at Azerbaijan’s Climate Policy and Green Strategy

Azerbaijan’s transition to a non-oil era, its history, climate policy, and green transition strategies began long before COP-29, starting in the early years of independence.

As is known, the Kyoto Protocol was adopted in Kyoto, Japan, on December 11, 1997, and entered into force on February 16, 2005. The Republic of Azerbaijan acceded to this protocol by the decision of the National Assembly on July 18, 2000. The Kyoto Protocol limits emissions of greenhouse gases, which cause global warming [1].

Following the completion of the first commitment period of the Kyoto Protocol under the UN Framework Convention on Climate Change for reducing greenhouse gas emissions (2008-2012), the Doha Amendment for the second period (2013-2020) of the Kyoto Protocol was adopted at the 18th Conference of the Parties in Doha in 2012.

It aimed to increase the contribution and capacity of countries in this field. Representatives of the Ministry of Ecology and Natural Resources, as well as the Ministries of Economy and Energy of Azerbaijan, attended the high-level Climate Summit held on September 23, 2014, in New York at the invitation of the UN Secretary-General.

The signing ceremony of the Paris Agreement under the UN Framework Convention on Climate Change was held on April 22, 2016, at the United Nations Headquarters in New York. The document was signed by heads of state and government, foreign ministers, and environment ministers on behalf of the governments of 171 countries. By the order of President Ilham Aliyev, Azerbaijan signed the Paris Agreement, and pursuant to Article 12, paragraph 5, of the convention, the parties regularly submit reports on their current national status in the field of climate change, including both national and sectoral emission sources, levels of greenhouse gas emissions, and activities implemented to reduce them to the secretariat of the convention. As part of its reporting obligations under the convention, Azerbaijan regularly prepares a national communication on key issues and solutions related to climate change. It should be noted that the document on the project “Development of Azerbaijan’s Fourth National Communication to the UNFCCC and Biennial Reporting” was signed in 2016. In order to collect and summarize information for the preparation of these reports, a working group consisting of representatives from government agencies representing each relevant sector was established. The Ministry of Energy was also represented in this working group. From November 30 to December 7, 2020, the Secretariat of the United Nations Framework Convention on Climate Change (UNFCCC) held training on the Greenhouse Gas Inventory System (GHG) under the “Building Capacity on Climate Change” initiative. A representative of the Ministry of Energy attended the meetings. Azerbaijan, which joined the Paris Climate Agreement in 2016, made a voluntary commitment to reduce greenhouse gas emissions by 35% by 2030, compared to the base year of 1990. Subsequently, in November 2021, during the 26th UN Climate Change Conference of the Parties (COP26) held in Glasgow, United Kingdom, Azerbaijan renewed its voluntary commitment by pledging to reduce greenhouse gas emissions by 40% by 2050 and declaring the liberated territories as a net zero emission zone” [24].

In 2020 Azerbaijan Renewable Energy Agency under the Ministry of Energy of the Republic of Azerbaijan was established  and the Charter of the Agency was approved. According to the Charter, the State Renewable Energy Agency is a body involved in the formation and implementation of state policy in the field of renewable energy sources and their efficient use. The State Agency takes measures to organize, regulate and coordinate activities in the field of renewable energy sources and their efficient use, as well as to increase the investment attractiveness of the relevant sector. The main objectives of the State Agency are to increase the share of renewable energy sources within the installed electricity generation capacity up to 30% by 2030, to transform the liberated territories into the “Green Energy” Zone, to ensure the participation of the private sector in this area [2; 5].

In accordance with paragraph 11 of Part I of Article 94 of the Constitution of the Republic of Azerbaijan, the law defines the legal, economic, and organizational basis for the use of renewable energy sources in the production of electricity, as well as mechanisms to support the promotion of electricity production from renewable energy sources, and regulates emerging relations in this area.

On 17 December 2023, the Governments of Azerbaijan, Georgia, Romania, and Hungary signed an agreement on strategic partnership in the field of green energy in Bucharest. The agreement was signed by the President of the Republic of Azerbaijan, Ilham Aliyev, the Prime Minister of Romania, Nicolae Ciucă, the Prime Minister of Georgia, Irakli Garibashvili, and the Prime Minister of Hungary, Viktor Orban. The President of Romania, Klaus Iohannis, and the President of the European Commission, Ursula von der Leyen, participated in the signing ceremony [17].

On 03 February 2023, the first ministerial meeting of the four countries on the implementation of the “Agreement on a strategic partnership in the field of green energy development and transmission between the Governments of the Republic of Azerbaijan, Georgia, Romania, and Hungary” was held today in Baku on the sidelines of the 9th Southern Gas Corridor Advisory Council Ministerial Meeting and the 1st Green Energy Advisory Council Ministerial Meeting. The participants emphasized that the implementation of the green energy project is of strategic importance for the diversification of energy supplies and transit routes. They also stressed the importance of enhancing the cooperation between the four countries to expand the use of the current renewable energy potential, as well as to develop the green electricity trade. The sides also agreed on the establishment of a Working Group for the implementation of issues aimed at the transmission of green energy from the Caspian Sea to Europe. At the end, a protocol on the results of the meeting was signed [22].

Azerbaijan is committed to leading by example and will update its national targets in its next 1.5-aligned Nationally Determined Contribution. The COP29 host country is committed to developing its renewable energy potential, “which is an important part of the country’s plan to reduce greenhouse gas emissions by 40% by 2050. The country intends to increase renewable power capacity to 30% by 2030 and diversify its existing energy system to become a leader in green energy” [12].

Currently, work is being done in the direction of preparing a new climate strategy in our country. Azerbaijan’s climate strategy includes both the adaptation to global obligations and the implementation of national priorities. The new strategy will cover all economic sectors and aim for low-carbon development [4].

3. National and International Climate Politics

The main task of climate diplomacy is to convince the world and countries of the need to take ambitious commitments to reduce greenhouse gas emissions by 2030.

Climate change is affecting everyone everywhere. Extreme weather events are more frequent and intense, sea levels are rising, and many species are being driven to extinction. According to the BP report, the largest emitters of carbon dioxide include: China (9825.8 million tons/year), the United States (4964.7 million tons/year), India (2480.4 million tons/year), Russia (1532.6 million tons/year), Japan (1123.1 million tons/year), and Germany (683.8 million tons/year). The shares of China and the United States in total carbon dioxide emissions are 28.8% and 14.5%, respectively. This work analyzes the policies of the world’s largest economies, which are also the largest emitters or countries with the most progressive climate policies” [21, p.5].

International cooperation is needed if we are to hold the global warming trend to ‘well below 2˚C’, as was agreed in the 2015 Paris Agreement. Taking urgent action to combat climate change and its impacts is essential. Climate change affects the governance and policy of transformations to low-carbon and climate-resilient societies at the international and domestic levels, including the implementation of the Paris Agreement – this is currently a constant topic on the world agenda. Climate politics includes the conditions for successful international climate cooperation, within the multilateral framework of the UN Framework Convention on Climate Change (UNFCCC) and its Paris Agreement, and through other international agreements and transnational climate initiatives. We examine the factors that enable credible implementation of the Paris Agreement as well as the drivers for increasing ambition for climate mitigation.

The United States has reaffirmed its commitment and made a fairly ambitious commitment to itself—to reduce greenhouse gas emissions by 50–52% below 2005 levels by 2030, nearly double the reduction ambitions promised by President Barack Obama by 2025. This goal, combined with the American Jobs Plan unveiled by Joe Biden in April 2021, will help spur innovation, business, and a stronger economy. A new analysis by the International Renewable Energy Agency (IRENA) shows that clean energy jobs already outnumber fossil fuel jobs in four out of five rural US counties. It is likely that the high emissions reduction targets are driven by the US desire to regain the leadership position on climate change that was lost due to the US withdrawal from the Paris Agreement during Donald Trump’s presidency. “The United States is estimated to have met or exceeded its 2020 target of reducing economy-wide emissions by 17% below 2005 levels and is on track to reduce emissions by 26–28% below 2005 levels by 2025. The 2030 target represents an increase in ambition, made possible in part by advances in technology and market response. In developing its NDCs, the United States considered ways to reduce emissions by sector. Each of the strategies that reduce emissions also offers the opportunity to preserve jobs and maintain high levels of employment in the United States. The United States is decarbonizing the power sector by reducing energy waste. The new US goal is to cut emissions by at least 57–63% below 2005 levels by 2030. The US has also promised to stop funding fossil fuel projects” [25].

Japan’s Climate Policy. Japan aims to “reduce its greenhouse gas emissions by 46% by 2030 and will continue strenuous efforts in its challenge to meet the lofty goal of cutting its emissions by 50%. Japan has already achieved a reduction of approximately 20%; Japan’s reduction is on track. Further, Japan is ready to contribute to the expansion of lending capacity totaling approximately $9 billion USD through the provision of credit enhancements to the World Bank and the Asian Development Bank. We will also make contributions to the new fund of the African Development Bank” [23].

4. Climate Legislation and Litigation: Formation, Evolution

As noted in the United Nations Environment Programme (UNEP) reports, “Climate litigation represents a frontier solution to change the dynamics of the fight against climate change.” Annual reports of UNEP, published since 2017, provide an overview of the current state of climate change litigation and an update on global climate change litigation trends. It provides judges, lawyers, advocates, policymakers, researchers, environmental defenders, climate activists, human rights activists (including women’s rights activists), NGOs, businesses, and the international community at large with an essential resource to understand the current state of global climate litigation, including descriptions of the key issues that courts have faced in the course of climate change cases.

UNEP reports demonstrate the importance of an environmental rule of law in combating the triple planetary crises of climate change, biodiversity loss, and pollution. Access to justice enables the protection of environmental law and human rights and promotes accountability in public institutions.

In the fight against climate change, the preparation and adoption of international and national legislation that forms the basis of climate policy, as well as its improvement over time, are of decisive importance. It is no coincidence that the UNFCCC itself has a leading status in defining global climate policy as the first institution created by international legislation.

World leaders first expressly recognized that climate change needed to be tackled with institutions, rules, and procedures at the Rio Earth Summit in 1992. The United Nations Framework Convention on Climate Change (UNFCCC) was subsequently established, with the primary goal of promoting international action to stabilize greenhouse gas emissions. The convening of the UNFCCC parties has led to several milestones, most notably the 2015 Paris Agreement. The Agreement covers mitigation, adaptation, and financial burden-sharing, and relies on pledges (the so-called Nationally Determined Contributions – NDCs) made by each UNFCCC party to achieve its goal of limiting global warming to well below 2°C, preferably 1.5°C, above pre-industrial levels.

NDCs summarize how governments plan to meet their commitments made under the UNFCCC. However, on their own, they are not enough to ensure that domestic action will take place: in most cases, NDCs are not legally binding, so countries failing to abide by their pledges cannot be obliged to change tack. Further, they usually offer an overview of intended actions, but they are not granular enough to provide details on how efforts to meet targets will be implemented in practice. Nor do they necessarily represent the intentions of key stakeholders such as citizens, the private sector, and non-governmental political bodies, who are frequently not consulted on their content.

The binding nature of national legislation, coupled with the political accountability that tends to underscore decisions made by executive branches of government, makes climate laws and policies well-placed to fill these gaps in countries’ NDCs.

The UNFCCC entered into force on 21 March 1994. Today, it has near-universal membership. The 198 countries that have ratified the Convention are called Parties to the Convention. Preventing “dangerous” human interference with the climate system is the ultimate aim of the UNFCCC.

“Climate change legislation, often abbreviated to climate legislation, consists of the laws and policies that govern action on climate change by setting its legal basis. The term is used broadly and can include acts, decrees, and policies that are passed or promulgated by both legislative and executive branches of government. These laws and policies address actions that fall under the scope of climate change mitigation, adaptation, and disaster risk management. Laws and policies can apply across different sectors or focus on one, such as agriculture, land use, transport, energy, waste, environment, tourism, industry, buildings, water, and health.

The term climate ‘framework legislation’ describes an important subset of climate laws that link national and international agendas. Framework climate laws share some or all of the following characteristics: they set out the strategic direction for national climate change policy; are passed by the legislative branch of government; contain national, long-term, and/or medium targets and/or pathways for change; set out institutional arrangements for climate governance at the national level; are multi-sectoral in scope; and involve mechanisms for transparency and/or accountability” [26].

The main annual United Nations Climate Change Conferences attract a great deal of attention as the foremost global fora for discussions on climate change. They are often referred to simply as “COPs.” COPs have grown greatly in size and complexity over the past years and are subject to close public scrutiny. “COPs are crucial in the battle against climate change. They see governments come together to measure progress and negotiate the best ways to address climate change while taking each other’s circumstances into account. COPs offer an opportunity to raise the level of attention to the threat of climate change, reflecting the fact that without the private sector, civil society, industry, and individuals on board, the world will not be able to adequately tackle the climate crisis. There is no time to lose. As UNFCCC Executive Secretary Simon Stiell said: “Every tenth of a degree of global heating matters. Every year matters. Every choice matters. Every COP matters. At COPs, climate change leaders, experts, and influencers come together to share their stories and solutions at panel discussions, exhibits, cultural events, and hundreds of side events” [18].

5. Climate Change Legislation

European Union. The European Climate Law was published in the Official Journal on 9 July 2021 and entered into force on 29 July 2021. In the European Climate Law, the EU has set a goal of reducing emissions by 55% compared to 1990 levels by the end of the current decade. All member states adhere to this plan. The main objectives of the European Climate Law are as follows:

m Set the long-term direction of travel for meeting the 2050 climate neutrality objective through all policies, in a socially fair and cost-efficient manner

m Set a more ambitious EU 2030 target, to set Europe on a responsible path to becoming climate-neutral by 2050

m Create a system for monitoring progress and taking further action if needed

m Provide predictability for investors and other economic actors

m Ensure that the transition to climate neutrality is irreversible

Regarding key elements of the European Climate Law, it sets a legally binding target of net zero greenhouse gas emissions by 2050. The EU Institutions and the Member States are bound to take the necessary measures at EU and national levels to meet the target, taking into account the importance of promoting fairness and solidarity among Member States.

The Climate Law includes measures to keep track of progress and adjust our actions accordingly, based on existing systems  for Member States’ national energy and climate plans, regular reports by the European Environment Agency, and the latest scientific evidence on climate change and its impacts. Progress will be reviewed every five years, in line with the global stock take exercise under the Paris Agreement. The Climate Law also addresses the necessary steps to get to the 2050 target: Based on a comprehensive impact assessment, the EU has set a new target for 2030 of reducing net greenhouse gas emissions by at least 55% compared to levels in 1990. The new EU 2030 target is included in the Law. The Law also includes a process for setting a 2040 climate target.

The Climate Law includes: a legal objective for the Union to reach climate neutrality by 2050, a commitment to negative emissions after 2050, and the establishment of a European Scientific Advisory Board on Climate Change that will provide independent scientific advice, and stronger provisions on adaptation to climate change [14].

1. Finalizing the rules for implementing the Paris Agreement through consensus that respects the environmental integrity of carbon market mechanisms;
2. A strong commitment by the international community to achieve carbon neutrality by 2050;
3. A commitment to increase the Nationally Determined Contributions (NDCs) of the European Union and major emitting countries;
4. Addressing biodiversity;
5. Delivering on all promises made under the Paris Agreement.

Following COP26, almost all European countries joined the refusal to finance overseas fossil fuel projects. The agreement implies a further reduction in financial flows into oil, gas and coal.

Some EU countries have their own peculiarities, such as Germany and France. These countries are extremely active in addressing climate change issues. They have largely abandoned the development of “dirty” sectors of the economy, making climate change a national priority.

For example, Germany used to be heavily dependent on heavy engineering, the chemical and steel industries, as well as coal, which for decades provided half of the country’s electricity. Even by 2020, Germany accounted for 20.4% of the world’s total mechanical engineering exports. It is precisely the lobbying of these industries that has often prevented successive federal governments from taking the measures necessary to establish a reliable course towards carbon-free development. In fact, Germany failed to meet its emissions reduction targets for 2005 and was likely to miss its target by 2020.

Germany is still set to miss its emissions reduction targets through 2030 and lacks a real strategy for the years that follow, said the country’s key government advisors on climate policy. Recent official projections – which had seen Germany largely on track – overestimated the amount of emissions that would be cut in the coming years, said the Council of Experts on Climate Change, which blamed the misjudgment on climate budget cuts and outdated assumptions about gas and CO2 allowance prices. The advisors called on the government to quickly introduce additional measures for the transport and buildings sectors, and proposed the reintroduction of the “climate cabinet” to develop more long-term measures. The government should re-introduce the climate cabinet. The climate law obliges the government to tackle these projected shortfalls only from 2030, the researchers criticized. “The Expert Council does not understand why it is necessary to wait so long before taking forward-looking climate policy action,” the advisors wrote, and called on the government and lawmakers to “speedily” tackle new measures for the period after 2030 [16].

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Climate Legislation in France. France’s initial National Programme for Tackling Climate Change was introduced in 2000. The subsequent measures were either incorporated into legislation or regulations governing energy, finance, agriculture, urban planning, or otherwise discontinued. A similar process was followed with the Climate Plans of 2004, 2006, 2009, 2011, and 2013. In accordance with the 2005 Energy Policy Framework Law, the Climate Plan must be updated every two years. Local authorities are encouraged to adopt this process and to develop territorial climate plans, which will enable them to implement a locally tailored climate and energy policy in their own jurisdictions. The approach has been expanded and is now mandatory for territorial collectivities with over 50,000 residents. The structure of climate change legislation in France has been enhanced by the introduction of a new regional strategic framework, namely the regional climate, air and energy plans (SRCAE). This has led to greater consistency in the actions taken at every territorial scale. To facilitate the development of climate change policy, numerous research institutions, projects, and initiatives are available for reference. Many of these initiatives receive funding through the French Centre for Scientific Research (CNRS). These include the following research programs: ECLIPSE (Past Environment and Climate History and Evolution), GICC (Management and Impact of Climate Change), PNEDC (National Programme of Climate Dynamics), PATOM (Mid-Scale Atmosphere and Ocean Programme), PROOF (Biogeochemical Processes in Ocean and Fluxes), PNCA (National Programme of Atmospheric Chemistry), PNRH (National Programme in Hydrology Research), and PNTS (National Programme of Space Teledetection) [10].

France is committed to reducing its greenhouse gas emissions by 40% between 1990 and 2030. With the adoption of the Energy and Climate Law in 2019, the country is on track to achieve carbon neutrality by 2050, with emissions reduced by more than six times compared to 1990. The 2030 target will be revised shortly to align with the new European 2030 objective of a 55% net reduction. Carbon budgets, or caps on greenhouse gas emissions in France, define the target trajectory for emissions reductions over successive five-year periods, in line with the goal of carbon neutrality by 2050 [15].

Climate Legislation in UK. The UK’s flagship legislation for climate change is the “Climate Change Act 2008”. This Act sets the UK’s ‘net zero’ target – a reduction of greenhouse gas emissions by at least 100% of 1990 levels by 2050. This is a UK-wide target and includes emissions from the devolved administrations, which make up about 20% of UK emissions [8].

The Act also requires the government to prepare “carbon budgets,” which set targets for five-year periods. It is the responsibility of the Secretary of State to devise policies that will enable the UK to meet its five-year targets. The devolved administrations of Scotland, Northern Ireland, and Wales are responsible for creating their own climate change laws and policies to support the implementation of UK-wide policies. Furthermore, the government is required to prepare climate change risk assessments and national adaptation programs. The Climate Change Committee provides strategic guidance to the UK and devolved governments on their policies and monitors the progress of the UK and the devolved administrations toward their targets. The Committee’s advice on the Sixth Carbon Budget (2033-2037) recommended policies to support low-carbon energy use. The key message of the 2022 Progress Report was that while the UK Government has a solid net zero strategy in place, there are still important policy gaps to be addressed. The Committee has also provided reports on progress in Northern Ireland, Scotland, and Wales [9].

Climate law and policy across the four nations:

1. Climate Change Act 2008 — The UK government published its Net Zero Strategy in 2021, which outlines policies for decarbonizing the economy.
2. Climate Change Act (Northern Ireland) 2022 – The Northern Ireland Assembly passed climate change legislation for the first time in March 2022. The Northern Ireland Climate Change Adaptation Programme sets out the policies to be implemented during the period 2019 to 2024.
3. Climate Change (Scotland) Act 2009 – Scotland’s net zero target year is 2045. The Scottish Government updated its Climate Change Plan in December 2020, setting out policies on climate change adaptation, emissions reduction, decarbonization in public and private sectors, and fostering ‘low carbon living.’
4. Environment (Wales) Act 2016 – Wales’s net zero target and carbon budgeting framework are outlined in Part 2 of this Act. The Welsh Government’s Net Zero Strategic Plan was published in December 2022 [11].

Climate Legislation in Canada. The Government of Canada is taking prompt action to tackle the climate crisis and capitalize on the economic prospects it offers domestically and internationally. Since 2015, the country has invested over $100 billion in clean growth initiatives and introduced a range of measures, including a pioneering pricing and rebate system and regulations to accelerate the phase-out of traditional coal-fired power by 2030. Canada has set a target of reducing emissions by 40-45% below 2005 levels by 2030. While this represents a notable advancement over the previous target of a 30% reduction, it falls short of the more ambitious commitments made by peers such as the UK, EU, US, and Japan. Climate finance, particularly the pledge by wealthy nations to provide $100 billion annually, was a focal point at COP26. Canada is co-leading an international climate finance action plan with Germany. Both governments have stated that this plan will help low-income countries cope with climate change [13]. Furthermore, Canada is among the countries that support the transition away from fossil fuel finance.

Climate Legislation in Australia. Prime Minister Scott Morrison has indicated that Australia exerted significant pressure on the UK to withdraw from key climate commitments in a bilateral trade agreement. It is worth noting that Australian Resources Minister Keith Pitt has announced plans for Australia to continue coal production until and beyond 2030, despite the fact that much of the developed world is already on track to phase out fossil fuels. Australia is becoming increasingly isolated from the global community as a result of its unwavering stance on climate change. In the context of the COP26 negotiations, Canberra has become a pariah, particularly due to its refusal to support the coal deal.

Conclusions

The study examined national climate policies and legislation of countries worldwide in the context of COP29 in Azerbaijan. As shown by the comparative analysis, the COP summits have played a decisive role in the adoption of climate change legislation globally. In this regard, the COP29 summit is expected to provide a strong impetus for further improving climate legislation and strengthening global action.

It is true that countries had presented environmental legislation prior to the Kyoto Protocol. However, the contribution of the COP summits to fostering and implementing global collective action in the fight against climate change, as well as the adoption of national and international legislation to reduce emissions, is undeniable.

The decisions and recommendations adopted at COP29 in Azerbaijan, which have the potential to be incorporated into national legislation, are notably broad:

m As a result of global climate dialogue, COP29 achieved the full operationalization of Article 6 of the Paris Agreement, unlocking international carbon markets. The COP29 Presidency successfully broke through the longstanding multilateral negotiations stalemate, enabling the establishment of high-quality and transparent carbon markets through which countries and companies can collaborate to meet their climate goals. Article 6 has the potential to save as much as $250 billion per year in implementing national climate plans;

m At COP29, a decision was made to ensure the full operationalization of the Loss and Damage Fund, long awaited by developing countries, including small island states, least developed countries, and African nations. This aligns with the priority set by the President of the Republic of Azerbaijan, Mr. Ilham Aliyev, to address the challenges posed by climate change impacts on small island states under the COP29 Presidency;

m The COP29 Presidency has taken significant steps to ensure the Fund’s operationalization, working closely with its Board and the World Bank.

m Within the framework of COP29, several important agreements related to the Loss and Damage Fund were signed. These include the “Trustee Agreement” and the “Secretariat Hosting Agreement” between the Fund’s Board and the World Bank, as well as the “Host Country Agreement” between the Fund’s Board and the host country, the Republic of the Philippines.

m The Baku Finance Goal sets a new global target to channel $1.3 trillion of climate finance to developing countries by 2035, marking a significant increase. This includes a new core finance goal of $300 billion, tripling the previous $100 billion target.

m Breakthroughs on the Baku Finance Goal and UN carbon markets defied expectations, following a year of intensive multilateral diplomacy led by the Azerbaijani COP29 Presidency [7].

This and many other COP29 decisions and commitments are expected to be incorporated into national climate legislation, climate policy, and environmental development plans in the near future. Key topics should include plans to reduce the use and financing of fossil fuel extraction, implement reforestation measures, combat illegal logging, and modernize industry and energy sectors. Nationally determined contributions will be presented soon and are expected to undergo significant transformation, as the Baku Climate Summit successfully finalized the rules for implementing the Paris Agreement on climate change, including timeframes for nationally determined contributions, Article 6 mechanisms, and transparency.

REFERENCE:

In Azerbaijani:

1. Birləşmiş Millətlər Təşkilatının “İqlim Dəyişmələri haqqında” Çərçivə Konvensiyasına dair” Kioto Protokoluna qoşulmaq barədə Azərbaycan Respublikasının Qanunu /Bakı şəhəri, 18 iyul 2000-ci il/ – https://e-qanun.az/framework/339
2. Elektrik enerjisi istehsalında bərpa olunan enerji mənbələrindən istifadə haqqında Azərbaycan Respublikasinin Qanunu. /Bakı şəhəri, 31 may 2021-ci il/ – https://e-qanun.az/framework/47842

In English:

3. Australia is shaping up to be the villain of COP26 climate talks. /September 13, 2021/ – https://edition.cnn.com/2021/09/12/australia/australia-climate-cop26-cmd-intl/index.html
4. Azerbaijan on way of developing fresh climate strategy – COP29 president. /6 September 2024/ – https://en.trend.az/business/green-economy/3941830.html
5. Azerbaijan Renewable Energy Agency under the Ministry of Energy of the Republic of Azerbaijan. – https://area.gov.az/en/page/haqqimizda
6. Baku Finance Goal. New collective quantified goal on climate finance. https://unfccc.int/sites/default/files/resource/cma2024_L22_adv.pdf
7. Breakthrough in Baku delivers $1.3tn “Baku Finance Goal”. /24 Nov, 2024/ – https://cop29.az/en/media-hub/news/breakthrough-in-baku-delivers-13tn-baku-finance-goal
8. Climate Change Act 2008. – https://www.legislation.gov.uk/ukpga/2008/27/contents
9. Climate change adaptation: policy information. – https://www.gov.uk/government/publications/climate-change-adaptation-policy-information
10. Climate Change Legislation in France. / AN EXCERPT FROM. The 2015 Global Climate Legislation Study A Review of Climate Change Legislation in 99 Countries/ – https://www.lse.ac.uk/granthaminstitute/wp-content/uploads/2015/05/FRANCE.pdf
11. Climate change. Law and policy. – https://environmentlaw.org.uk/LYE/LYE/Climate-change/CC-Homepage.aspx#:~:text=The%20UK’s%20flagship%20 legislation%20for,of%201990%20levels%20by%202050
12. COP29 Baku Azerbaijan. – https://cop29.az/en/home
13. Environment and Climate Change Canada. – https://www.canada.ca/en/environment-climate-change/.html
14. European Climate Law. – https://climate.ec.europa.eu/eu-action/european-climate-law_en
15. French policies to tackle climate change. – https://www.statistiques.developpement-durable.gouv.fr/edition-numerique/chiffres-cles-du-climat-2023/en/19-french-policies-to-tackle-climate#:~:text=France%20is%20committed%20to%20reducing,than%20six%20compared%20with%201990
16. Germany set to miss emissions targets, “climate cabinet” could develop strategy – govt advisors. /03 Jun 2024/ – https://www.cleanenergywire.org/news/germany-set-miss-emissions-targets-climate-cabinet-could-develop-strategy-govt-advisors
17. Governments of Azerbaijan, Georgia, Romania and Hungary signed agreement on strategic partnership in the field of green energy in Bucharest. /17 December 2022/ – https://president.az/en/articles/view/58222
18. How COPs are organized – Questions and answers. – https://unfccc.int/process-and-meetings/conferences/the-big-picture/what-are-united-nations-climate-change-conferences/how-cops-are-organized-questions-and-answers
19. Humbatova R. Renewable energy in Azerbaijan: current status and development priorities. /Group of Experts on Renewable Energy Sustainable Energy Week 2024 – 16-20 September/ – https://unece.org/sites/default/files/2024-09/5.Rana_RE%20UNECE%20RH%20%20%2816.09.2024%29_with%20disclaimer_posted.pdf
20. International Conference themed “Law & Climate” gets underway in Baku. /06.09.2024/ – https://azertag.az/en/xeber/international_conference_themed__quotlaw__amp_climate_quot_gets_underway_in_baku-3168138
21. Statistical Review of World Energy 2020 | 69th edition. – https://www.bp.com/content/dam/bp/business-sites/en/global/corporate/pdfs/energy-economics/statistical-review/bp-stats-review-2020-full-report.pdf
22. The first ministerial meeting of four countries on green energy development and transmission has been held. /03 FEBRUARY 2023/ – https://area.gov.az/en/news/233/yasil-enerjinin-inkisafi-ve-oturulmesi-uzre-dord-olkenin-nazirlerinin-ilk-iclasi-kecirilib
23. Together for Action: Japan’s Initiatives for Achieving the Common Goal of Net Zero by 2050. /January 26, 2024/ -https://www.japan.go.jp/kizuna/2024/01/together_for_action_japan_initiatives.html#:~:text=Japan%20aims%20to%20reduce%20its,Japan’s%20reduction%20is%20on%20track
24. UN Framework Convention on Climate Change (UNFCCC) – Kyoto Protocol /14.04.2020/ – https://minenergy.gov.az/en/beynelxalq-teskilatlarla-elaqeler/bmt-nin-iqlim-deyisikliyi-uzre-cercive-konvensiyasi-kioto-protokolu
25. US Policies and action rating. – https://climateactiontracker.org/countries/usa/
26. What is climate change legislation? /28 December 2022/ – https://www.agora-parl.org/blog/what-climate-change-legislation

In Russian:

27. Состояние природоохранного финансирования в 2021 году. /27 MAY 2021/ – https://www.unep.org/ru/resources/sostoyanie-prirodookhrannogo-finansirovaniya-v-2021-godu

Lalə Əkbərova

COP-29: Milli iqlim siyasəti və iqlim dəyişikliyinə dair ölkələrin qanunvericiliyi: qlobal iqlim sammiti fonunda müqayisəli icmal

 Xülasə

Məqalədə COP-29 Azərbaycan (11-22 noyabr 2024-cü il) kontekstində iqlim dəyişikliyi ilə bağlı dünya ölkələrinin milli iqlim siyasəti və qanunvericiliyi araşdırılır, müqayisəli təhlil verilir.

Müəllif qeyd edir ki, bu gün dünya birliyi temperaturun yüksəlməsi, biomüxtəlifliyin azalması, ətraf mühitin kimyəvi və bioloji çirklənməsini əhatə edən “üçqat pla-net böhranı” yaşayır. Havanın, torpağın və suyun çirklənməsi bəşəriyyətin gələcə-yinə olan ümidləri azaldır, insanın təmiz və sağlam ətraf mühitlə bağlı fundamental hüquqlarına zərbə vurur.

BMT-nin Ətraf Mühit Proqramına (UN Environment Programme-UNEP) görə, iqlim, biomüxtəliflik və çirklənmə ilə bağlı bir-biri ilə əlaqəli böhranları uğurla aradan qaldırmaq üçün 2050-ci ilə qədər ümumi investisiya 8,1 trilyon dollar, 2050-ci ilə qədər isə illik investisiyalar 536 milyard dollar təşkil etməlidir. Belə şəraitdə, şübhəsiz ki, dövlətlərin ətraf mühitin mühafizəsi ilə bağlı qanunvericiliklərinin yenidən qurulmasına və iqlim siyasətinin formalaşdırılmasına, bu sahədə subyektlər arasında qarşılıqlı fəaliyyət üçün yenilənmiş normativ hüquqi bazanın yaradılmasına ehtiyac artmaqdadır.

Məqalə Birləşmiş Millətlər Təşkilatının İqlim Dəyişikliyi Konfransı (UNFCCC) və ya daha çox ev sahibliyi edən ölkənin adı ilə “COP29-Azərbaycan 2024” kimi tanınan Tərəflər Konfransı işığında dünyanın müxtəlif ölkələrində iqlim siyasətinin və iqlim dəyişikliyi qanunvericiliyinin inkişafının vəziyyəti və perspektivlərini araşdırır. Qeyd edilir ki, COP29-un əsas prioritet məqsədlərinə istixana qazları emissiyalarının azaldılması üzrə ölkələrin öhdəliklərinin gücləndirilməsi, bərpa olunan enerjiyə investisiyaların artırılması və ən həssas ölkələr üçün uyğunlaşma mexanizmlərinin yaradılması daxildir.

Bu prioritetlərə – istixana qazı emissiyalarının azaldılmasına, iqlimlə bağlı təsirlərə davamlılığın yaradılmasına, davamlı təcrübələrin təşviq edilməsinə və aşağı karbonlu iqtisadiyyatlara yaşıl keçidin təmin olunmasına nail olmaq üçün ilk növbədə ölkələrin milli iqlim siyasətinin və iqlim qanunvericiliyinin iqlim dəyişikliyi həllərinin əsas komponenti kimi ön sıraya çıxarması həlledici istiqamətlərdəndir.

Açar sözlər: COP29, iqlim siyasəti, iqlim dəyişikliyi qanunvericiliyi, milli müstəvi, qanunlar, dünya, BMT, iqlim strategiyası, müqayisəli icmal, Azərbaycan

Лала Акбарова

COP29: Национальная климатическая политика и законодательство стран в области изменения климата – сравнительный обзор

в контексте глобального климатического саммита

 Резюме

В статье рассматриваются национальная климатическая политика и законодательство стран мира, связанные с изменением климата, в контексте COP29 в Азербайджане (11-22 ноября, 2024 г.) и представлен сравнительный анализ.

Автор отмечает актуальные проблемы, с которыми сегодня сталкивается мировое сообщество, включая тройной планетарный кризис, состоящий из глобального потепления, утраты биоразнообразия и химического и биологического загрязнения окружающей среды. Загрязнение воздуха, почвы и воды существенно снижает перспективы будущего человечества и затрагивает фундаментальные права людей на устойчивую и здоровую окружающую среду.

По данным Программы ООН по окружающей среде (ЮНЕП), для успешного решения взаимосвязанных кризисов изменения климата, утраты биоразнообразия и загрязнения, общий объем инвестиций к 2050 году должен составить 8,1 триллиона долларов США, а ежегодные инвестиции к этому времени — 536 миллиардов долларов. В этих условиях особенно важным предстает обновление законодательства в области охраны окружающей среды и разработка эффективной климатической политики, создание новой нормативно-правовой базы для взаимодействия субъектов в данной сфере.

В статье анализируется текущая ситуация и перспективы развития климатической политики и законодательства в различных странах мира в контексте Конференции ООН по изменению климата (РКИК ООН), также известная как «COP29 – Azerbaijan 2024».

Отмечается, что основными приоритетами COP29 являются усиление обязательств стран по сокращению выбросов парниковых газов, увеличение инвестиций в возобновляемую энергетику и создание механизмов адаптации для наиболее уязвимых государств.

Для достижения этих целей – сокращения выбросов парниковых газов, повышения устойчивости к климатическим воздействиям, практикам и обеспечения «зеленого» перехода к низкоуглеродной экономике – крайне важно, чтобы страны расставили приоритеты национальной климатической политике и законодательстве, что станет ключевым компонентом решений по изменению климата.

Ключевые слова: COP29, климатическая политика, законодательство об изменении климата, национальный уровень, законодательство, мировое сообщество, ООН, климатическая стратегия, сравнительный обзор, Азербайджан