Achieving a Just Transition to a Low-Carbon Economy

The ambition of most countries across the world is to develop a low-carbon economy, evidenced by the fact that the vast majority of countries have signed the Paris COP21 agreement. This book contends that this global societal transition to a low-carbon economy must be just. As such, it will be an invaluable and accessible reference for scholars from all research disciplines who aim in their research to see a fairer, more equitable and inclusive world where sustainability is at the fore and climate targets are achieved. This is the first in-depth and original analysis to explore the central importance of law in achieving a just transition to a low-carbon economy. In addition, it advances the JUST framework, a unique framework for assessing the just transition. This important research and theoretical tool provides a practical perspective as it ensures the geographical space and timelines of development are factored into analysis. The research also provides analysis on the just transition movement around the world and the influence of international institutions. Through several case studies on Just Transition Commissions and Critical Mineral Development, the book details and demonstrates key elements of justice, including distributive, procedural, restorative, recognition, and cosmopolitan justice. It is clear from the analysis that while these are vast areas for analysis, if applied in practice, they all centrally contribute to ensuring society will advance in achieving a just transition to a low-carbon economy. Raphael J Heffron is Professor for Global Energy Law & Sustainability at the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee, Scotland, UK. In 2019, he was appointed Jean Monnet Professor in the Just Transition to a Low-Carbon Economy, awarded by the European Commission. In 2020, he was appointed as Senior Counsel at Janson law firm in Brussels, Belgium. Professor Heffron is a qualified Barrister-at-Law, and a graduate of both Oxford (MSc) and Cambridge (MPhil & PhD) Preface 5 Acknowledgements 7 Contents 9 About the Author 10 List of Figures 12 Chapter 1: Introduction: The Just Transition to a Low-Carbon Economy 13 1.1 Introduction: The Just Transition Policy and Concept 13 1.2 The Policy Journey of the Just Transition 2015–2020 15 1.3 Early Financing Issues in the Just Transition 16 1.4 Legal Redirection Needed to Ensure a “Just” Transition 17 1.5 The Structure and Scope of This Text 18 Chapter 2: What is the “Just Transition”? 21 2.1 Introduction: What Is the Just Transition?1 21 2.2 Why the Need for a United Just Transition Concept? 22 2.3 Merging of the Three CEE Justices Under the Just Transition Concept 24 2.4 Application of Legal Geography 26 2.5 Steps in the Future Development of the Just Transition 28 Chapter 3: The Just Framework 32 3.1 Introduction: Background to the Just Framework 32 3.2 The Just Theoretical Framework 33 3.3 Key Questions to Ask for the Just Theoretical Framework: Case Study Example on Critical Minerals5 35 3.3.1 Background to the Case Study 35 3.3.2 Justice and Its Elements: Distributive, Procedural and Restorative Justice 38 3.3.3 Universal 42 3.3.4 Space 45 3.3.5 Time 46 Chapter 4: The Advance of Just Transition Commissions 54 4.1 Introduction: Background to the Rise of Just Transition Commissions 55 4.2 Brief Examination of the Just Transition Commissions 56 4.2.1 Australia 56 4.2.2 Canada 57 4.2.3 The European Union 58 4.2.4 Germany 59 4.2.5 International: The United Nations 59 4.2.6 Ireland 60 4.2.7 New Zealand 61 4.2.8 Scotland 62 4.2.9 South Africa 62 4.2.10 The USA 63 4.3 Just Transition Commissions Analysed with the JUST Framework 64 4.3.1 Justice and Its Elements: Distributive, Procedural and Restorative Justice 64 4.3.1.1 Procedural Justice 64 4.3.1.2 Distributive Justice 66 4.3.1.3 Restorative Justice 69 4.3.2 Universal: Recognition and Cosmopolitanism 72 4.3.2.1 Recognition Justice 72 4.3.2.2 Cosmopolitan Justice 74 4.3.3 Space and Time 77 4.4 Conclusion for JTCs 81 Chapter 5: Just Transitions Around the World 97 5.1 Introduction1 97 5.2 Where Is the “Just Transition” Happening: Region by Region? 98 5.2.1 Asia-Pacific 98 5.2.2 The Middle East 99 5.2.3 Africa 101 5.2.4 Europe 102 5.2.5 Latin America 103 5.2.6 The Caribbean 104 5.2.7 North America 105 5.3 Timelines for a Just Transition by World Region 107 5.3.1 Asia-Pacific 107 5.3.2 Middle East 109 5.3.3 Africa 110 5.3.4 Europe 111 5.3.5 Latin America 112 5.3.6 Caribbean 113 5.3.7 North America 114 5.4 Final Reflections on the Just Transition with a Regional Perspective 115 Appendix: Countries by Region 116 Chapter 6: The Elements of the Just Transition Within International Institutions 135 6.1 Introduction 136 6.2 Procedural Justice, International Institutions and the Just Transition 136 6.2.1 Creating Access to Finance 136 6.2.2 Consumer Rights 137 6.3 Distributive Justice, International Institutions and the Just Transition 138 6.3.1 Focusing on Distributive Issues Across Vulnerable Groups 138 6.3.2 Initiating Social Dialogue with Workers Around Distributive Justice 139 6.4 Restorative Justice, International Institutions and the Just Transition 140 6.4.1 Restoring Education Access 140 6.4.2 Reforming Financial Support 141 6.5 Recognition Justice, International Institutions and the Just Transition 141 6.5.1 The Protection of Already Vulnerable Groups 142 6.5.2 Women’s Role in the Just Transition 143 6.5.3 The Growing Recognition of Consumers’ Rights 143 6.6 Cosmopolitan Justice, International Institutions and the Just Transition 144 6.6.1 The Institutionalisation of Just Transition 144 6.6.2 The Development of Regional Cooperation 144 6.6.3 The Inclusion of All Actors in the Just Transition: The Role of the Private Sector 145 Appendix: International Institutions Assessed in This Chapter 145 The International Energy Agency (IEA) 145 International Renewable Energy Agency (IRENA) 146 United Nations (UN) 146 World Bank 147 International Monetary Fund (IMF) 147 Asian Development Bank 148 European Investment Bank (EIB) 148 Caribbean Development Bank 149 International Labour Organisation 149 ASEAN Centre for Energy (ACE) 149 European Union 150 Commonwealth 150 International Institute for Sustainable Development (IISD) 151 Greenpeace 151 Friends of the Earth (FoE) 152 Chapter 7: Conclusion: The Just Transition Movement Post Pandemic, COP26 and the Financial Crisis 160 7.1 Introduction: The Just Transition Movement Continues 160 7.2 The Development of National Commissions and Subsequent Financing for a Just Transition 161 7.3 Further Next Steps: Implementing the Just Transition 162 7.3.1 A Role for Data 163 7.3.2 Post COP26 163 7.3.3 Timelines and the Role of Law in the Just Transition 164 Index 167 "The ambition of most countries across the world is to develop a low-carbon economy, evidenced by the fact that the vast majority of countries have signed the Paris COP21 agreement. This book contends that this global societal transition to a low-carbon economy must be just. As such, it will be an invaluable and accessible reference for scholars from all research disciplines who aim in their research to see a fairer, more equitable and inclusive world where sustainability is at the fore and climate targets are achieved. This is the first in-depth and original analysis to explore the central importance of law in achieving a just transition to a low-carbon economy. In addition, it advances the JUST framework, a unique framework for assessing the just transition. This important research and theoretical tool provides a practical perspective as it ensures the geographical space and timelines of development are factored into analysis. The research also provides analysis on the just transition movement around the world and the influence of international institutions. Through several case studies on Just Transition Commissions and Critical Mineral Development, the book details and demonstrates key elements of justice, including distributive, procedural, restorative, recognition, and cosmopolitan justice. It is clear from the analysis that while these are vast areas for analysis, if applied in practice, they all centrally contribute to ensuring society will advance in achieving a just transition to a low-carbon economy."--Back cover