Ghana and the global climate crisis: Rethinking the legal approach for climate change regulation of corporations in Ghana

Abstract

Ghana continuously suffers from the impact of the climate change crisis despite its minimal global carbon contributions. Although Ghana has instituted some climate change policies and general environmental regulations, it has not yet promulgated a Climate Change Act to aid the regulation of climate change mitigation, especially of corporations that are the major emitters of global greenhouse gas emissions. This article examines the climate change regulation of corporations in Ghana and its effectiveness in addressing climate change challenges. It assesses the country's international climate change profile and the role of corporations in contributing to its carbon emissions, evaluates the strengths and weaknesses of Ghana's general environmental regulation and discusses alternative regulatory frameworks such as judicial, market and surrogate regulation for managing climate change impacts in the absence of statutory climate change regulation. Further, this article looks beyond the presence of a statutory climate change regulation and examines the potential structuring of climate change regulation in Ghana. The article argues that the traditional command and control regulatory system will be unsuitable for effective regulation of the climate change participation of corporations in Ghana, and instead proposes the adoption of the Dilute Interventionism approach supported by a Veto Firewall system for this purpose. The article argues that these concepts present a practical and effective approach to regulating corporations’ involvement in climate change mitigation in Ghana. However, the successful implementation of this approach will require political will, corporate compliance, and technical capacity. This article provides policymakers, stakeholders and interested parties in Ghana and beyond with useful insights to address climate change challenges.