Carlos de Miguel Perales
Lawyer and Professor of Civil and Environmental Law at ICADE Law School (Universidad Pontificia Comillas)
As is often the case in the international arena, and COP meetings are no exception, one can always say that more could have been done and that progress is very slow. But look on the bright side: progress continues to be made. Proof of this is the agreement on issues related to financing. We are talking mainly about the loss and damage fund associated with the adverse effects of climate change, and that is fine, but this is only a partial aspect of financing and probably not the most important one, because it focuses on the consequences of climate change and not on its causes. There are other issues in the field of financing that have also been addressed at COP27, such as (i) highlighting the role (and responsibility) of developed countries (not only financially, but also in terms of technology and capacity building), (ii) where this financing should be directed (renewable energies, mitigation, adaptation), and (iii) the necessary transformation of the public and private financial system. These agreements may be less concrete than the one on the loss and damage fund, but they should nevertheless be highlighted.
There are other positive aspects to highlight: the objective of not exceeding a temperature increase of 1.5 ºC is maintained; it is resolved to implement an ambitious, fair, equitable and inclusive transition towards low-emission, climate-resilient development; and the importance of certain groups, such as indigenous peoples, local communities, cities and civil society, including women, young people and children, is highlighted.
In conclusion: progress continues to be made in the fight against climate change, but ambition must remain high. It is up to states to implement actions in that fight, but society as a whole also has a role to play, as recent cases of climate litigation around the world show.
He declares that he has no conflict of interest and that he is in charge of the Technical-Legal Secretariat of the Spanish Green Growth Group.