A Just Energy Transition Through the lens of Third World Approaches in International Law

Abstract

The transition to green energy requires an all-hands-on-deck approach because of the effects of climate change on all. However, the nature and type of commitment or responsibilities required towards the transition are to be differentiated due to ‘countries’ different socioeconomic challenges and starting positions. This is the underpinning understanding of the United Nations Framework Convention on Climate Change (UNFCCC)’s energy transition strategy under the framework of the Paris Agreement (PA). Whether PA’s ‘differentiation’ representation and strategies, contributes to a ‘just’ energy transition is the goal of this paper. Arguably, embedded in the current UNFCCC energy transition strategy is the concept of a ‘just’ transition which recognises the importance of ‘a fair and equitable energy transition process’ (D Mccauley et al 2018:2). However, this paper, using the Third World Approaches to International Law (TWAIL), demonstrates how PA’s differentiation representations and soft approaches do not completely eliminate the problem of unjust energy transition (ET), or capture the multifaceted challenges of developing African contexts’ capacity towards the transition. The paper argues that the current international law ET initiative and strategy, in a bid to exact more diversity, blurs the understanding of responsibility and accountability, when it comes to finances and investments towards the current transition as well as countries' economic capacities. Based on this background, the paper uses the Nigerian social context to exemplify what a just transition would mean for a developing context, particularly in sub-Saharan Africa (SSA). The paper is divided into three sections. The first section is the introduction, and the second, unpacks the ET. The third section addresses the legal and policy framework of the ET - PA 2015, and finally problematises ET’s strategy using the TWAIL lens. It concludes by offering recommendations for a ‘just’ transition that balances the socioeconomic development of developing contexts.