CEO Insight: Illuminating the Path for Clean Energy

In the wake of COP28, A4ID reflected on the commitments made toward a just transition, particularly in renewable energy generation. Indeed, on the 26 January, it was the inaugural International Day of Clean Energy when the global community refocused its attention on propelling the planet towards sustainable energy sources.

Universal access to affordable, reliable, and clean energy has long been a UN priority. Sustainable Development Goal (SDG) 7, centred around ‘affordable and clean energy,’ is a cornerstone of the SDG Agenda’s Prosperity Chapters, establishing clean energy as instrumental to a better standard of living for all. Furthermore, SDG 9, ‘industry, innovation and infrastructure,’ highlights the need to upgrade existing infrastructure and adopt clean technologies to meet sustainability commitments; and SDG 13, ‘climate action,’ reiterates the role of clean energy in combatting the climate crisis.

Why is Clean Energy a Priority?

The quest for clean energy is driven not only by environmental constraints, but by the stark reality that for millions, particularly in the Global South, access to consistent electricity remains a luxury. The International Energy Agency has estimated that over 760 million people are without electricity, emphasising the profound impact of energy poverty on basic and socio-economic needs including education and access to employment.  Energy poverty can have devastating effects, such as not being able to cook food or inadequate sanitation. Clean energy not only offers a path to addressing these challenges but also promises substantial opportunities for international development, green job creation, and socio-economic advancement.

Perhaps most notably, the imperative for climate action demands a substantial investment in clean energy. The aftermath of the Global Stocktake culminating at COP28 affirms the urgency to pivot energy systems away from fossil fuels to renewables. Currently, fossil fuels dominate the world’s energy supply at 80%, necessitating a substantial 6% reduction per year between 2020 and 2030 to limit global temperature increases per the Paris Agreement.

Taking Action for Clean Energy

Achieving these targets requires commitments on a global scale. However, it is essential that clean energy is pursued in a way that is equitable and yields just outcomes for all. At a global level, countries must address equity concerns by ensuring financial assistance is made available to countries less able to independently migrate to clean energy. COP27 & COP28 both made steps towards this with extensive discussions about climate finance, whereby wealthier countries are being asked to consider countries experiencing climate impacts more harshly – predominantly poorer countries. However, there are still prevalent concerns as to how soon climate finance funds will reach communities and the sufficiency of funds in the adaptation process. 

The equitable distribution of financial resources is paramount for clean energy endeavours, requiring innovation through research and development. Collaboration is not only essential but a prerequisite for creating more efficient and sustainable energy solutions. Technology sharing, especially with economically challenged nations, is a pivotal component of this collaborative effort.

At the local level, clean energy must directly benefit communities, particularly those in and around clean energy project sites. Action on clean energy must result in more equitable energy systems, where more people have access to affordable and reliable energy irrespective of their socio-economic status.

Cautionary Considerations

In navigating the trajectory toward an effective clean energy transition, governments must institute policy frameworks that incentivise sustainability and penalise environmentally harmful practices. This involves the removal of inefficient and unjust fossil fuel subsidies, and the creation of economic avenues for clean energy projects.

While the necessity for new infrastructure is acknowledged, it is paramount to respect ecosystems, biodiversity, and air and water quality during the implementation of clean energy projects. Central to this is the acknowledgment of Indigenous Land Rights, necessitating legal advocacy for Indigenous communities and frameworks that represent their interests in clean energy development. Moreover, new policy frameworks must account for the entire life cycle of clean energy projects, considering environmental, social, and economic impacts to ensure sustainability.

From a consumer standpoint, the cost-effectiveness of clean energy is pivotal. Renewable energy’s comparability in price to fossil fuels, as stated by the The International Renewable Energy Agency  emphasizes the potential for widespread adoption. As clean energy investment and infrastructure development progress, governments must implement price caps to ensure affordability for consumers, preventing profit-driven ‘carbon colonialism’ at the expense of local communities.

In this vein, the global community must collaborate to safeguard renewable energy from political conflict, insulating clean energy systems from disruptions and ensuring reliability and affordability for all.  Europe has seen soaring energy prices due to the escalation of the Russo-Ukrainian war emphasising the urgency of this united global effort.

Our call to action: Lawyers to Illuminate the Way Forward 

A4ID invites the legal community to recognise its essential role in achieving the multifaceted aspects of the clean energy goal and encourages active engagement in the pursuit of a sustainable future

• Learn from Leaders: Lawyers should look to leaders in clean energy to help bring laggards in line. Leaders involve a range of countries with varied legal systems (such as Sweden, Costa Rica, Iceland, Germany, Uruguay, and Kenya), providing a plethora of jurisdictions to learn from and adapt to specific circumstances

• Plan Carefully: Lawyers should plan urgently and with care, to ensure clean energy systems are resilient, do no harm, and deliver positive results across economies and communities

• Uphold Justice: Lawyers should uphold equity and justice in clean energy policy frameworks, ensure policy frameworks account for proper processes, and protect the rights of important communities and interest groups

• Public Interest: Lawyers should be guided by public interests when negotiating and drafting clean energy policies. Putting the well-being of the public at the heart of global practices. 

The mandate for clean energy, after all, transcends moral imperatives; it is a necessity for a liveable, sustainable future. Global stakeholders must collaboratively strive to achieve the targets set out in the UN Sustainable Development Goals and the Paris Agreement, mitigating climate change and fostering an equitable and resilient world.

Join A4ID’s SDG Legal Initiative today to explore opportunities for collaboration and knowledge-sharing in the pursuit of global clean energy.