By Hon. Prof. Kariuki Muigua, OGW, PhD, C.Arb, FCIArb is a Professor of Environmental Law and Dispute Resolution at the University of Nairobi, Member of Permanent Court of Arbitration, Leading Environmental Law Scholar, Respected Sustainable Development Policy Advisor, Top Natural Resources Lawyer, Highly-Regarded Dispute Resolution Expert and Awardee of the Order of Grand Warrior (OGW) of Kenya by H.E. the President of Republic of Kenya. He is The African ADR Practitioner of the Year 2022, The African Arbitrator of the Year 2022, ADR Practitioner of the Year in Kenya 2021, CIArb (Kenya) Lifetime Achievement Award 2021 and ADR Publisher of the Year 2021 and Author of the Kenya’s First ESG Book: Embracing Environmental Social and Governance (ESG) tenets for Sustainable Development” (Glenwood, Nairobi, July 2023) and Kenya’s First Two Climate Change Law Book: Combating Climate Change for Sustainability (Glenwood, Nairobi, October 2023), Achieving Climate Justice for Development (Glenwood, Nairobi, October 2023) and Promoting Rule of Law for Sustainable Development (Glenwood, Nairobi, January 2024)*
Climate diplomacy is an essential tool for development since it enables the implementation of climate actions on the ground. It has led to the adoption of key instruments on climate change such as the UNFCC, the Kyoto Protocol and the Paris Agreement and also contributed to unlocking climate finance. However, climate diplomacy is associated with several challenges such as inadequate implementation of
In order to reinforce climate diplomacy, it is necessary for countries to embrace climate action as a core national development agenda. It has been argued that for climate diplomacy to succeed, climate change must become a core national interest. It is therefore necessary for all countries to mainstream climate agenda in their national development plans. Countries should also strengthen their climate action by developing climate resilient economies and communities.
Strong action at home enhances the position of countries in climate diplomacy by strengthening their credibility in the climate agenda. In addition, it is necessary to countries to enhance their capacity in climate diplomacy. It has been asserted that increasing climate experts’ capacity to influence others in their interactions at home and abroad is key to their role in effective climate diplomacy.
In addition, it has been suggested that appointment of climate envoys to raise awareness, influence debates and spur action both nationally and internationally is a key measure of raising the capacity of countries in climate diplomacy and a strong signal that climate change is a diplomatic priority. Further, it has been suggested that mobilising capacity and strategic focus for effective engagement in climate diplomacy requires reform of internal strategic decision-making systems, significant reallocation of human and funding resources, training and coordination of generalist diplomats and a strong central capacity to provide support and timely content for influencing.
It has also been pointed out that enhancing diplomatic capacity needs to go beyond the current norm of building technical knowledge on climate change and environmental law and policy to also entail skills needed to coordinate and manage political trade-offs while also balancing conflicting economic, energy, climate change and diplomatic goals. It is also imperative for developing countries to speak in one voice in climate negotiations.
It has correctly been observed that developing countries often fail to engage effectively in climate diplomacy due to limited influence in global affairs. This position could jeopardize their climate agenda since it can result in decisions that are in favour of developed countries and contrary to the development needs of developing countries. It is thus necessary for developing countries to speak in one voice and develop a common position on climate change in order to strengthen their position in climate diplomacy.
It has been argued that with improved coordination, increased resources, and streamlining of the key priority issues such as energy transitions, financing, and adaptation within the climate negotiations, the influence of developing countries on the global stage on the climate agenda will become even more pronounced and effective. Finally, it is vital to accelerate international, continental and regional cooperation towards climate action. It has been argued that the success of climate action across the world will depend on the delivery of adequate means of implementation, including climate finance, technology development and transfer, and capacity building.
Reinforcing climate diplomacy can raise awareness on the importance of delivery of means of implementation for climate change mitigation and adaptation including climate finance, and technology development and transfer. It is therefore necessary to reinforce climate diplomacy in order to mobilise climate finance to enable climate change mitigation and adaptation measures and to facilitate the development and transfer of technology necessary to strengthen climate action. The foregoing measures among others are key in reinforcing climate diplomacy for development.
*This is an extract from the Article: Reinforcing Climate Diplomacy for Development, Available at: http://kmco.co.ke/wp-content/uploads/2024/ 02/Reinforcing-Climate-Diplomacy-for-Development-1.pdf (28th February 2024) by Hon. Prof. Kariuki Muigua, OGW, PhD, Professor of Environmental Law and Dispute Resolution, Senior Advocate of Kenya, Chartered Arbitrator, Kenya’s ADR Practitioner of the Year 2021 (Nairobi Legal Awards), ADR Lifetime Achievement Award 2021 (CIArb Kenya), African Arbitrator of the Year 2022, Africa ADR Practitioner of the Year 2022, Member of National Environment Tribunal (NET) Emeritus (2017 to 2023) and Member of Permanent Court of Arbitration nominated by Republic of Kenya. Prof. Kariuki Muigua is a foremost Environmental Law and Natural Resources Lawyer and Scholar, Sustainable Development Advocate and Conflict Management Expert in Kenya. Prof. Kariuki Muigua teaches Environmental Law and Dispute resolution at the University of Nairobi School of Law, The Center for Advanced Studies in Environmental Law and Policy (CASELAP) and Wangari Maathai Institute for Peace and Environmental Studies. He has published numerous books and articles on Environmental Law, Environmental Justice Conflict Management, Alternative Dispute Resolution and Sustainable Development. Prof. Muigua is also a Chartered Arbitrator, an Accredited Mediator, the Managing Partner of Kariuki Muigua & Co. Advocates and Africa Trustee Emeritus of the Chartered Institute of Arbitrators 2019-2022. Prof. Muigua is a 2023 recipient of President of the Republic of Kenya Order of Grand Warrior (OGW) Award for his service to the Nation as a Distinguished Expert, Academic and Scholar in Dispute Resolution and recognized among the top 5 leading lawyers and dispute resolution experts in Band 1 in Kenya by the Chambers Global Guide 2024 and was listed in the Inaugural THE LAWYER AFRICA Litigation Hall of Fame 2023 as one of the Top 50 Most Distinguished Litigation Lawyers in Kenya and the Top Arbitrator in Kenya in 2023.
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