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2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Global | Publication | February 2024
December 4 was Finance Day at the UN Framework Convention on Climate Change (UNFCCC) on the 28th occasion of the Conference of the Parties (COP28) in Dubai, UAE.
Various finance-related events took place including the “Contributor Dialogue” where governments expressed their support for the Adaptation Fund and announced new pledges towards the US $300 million mobilisation target. Also discussed was the scaling up financing for adaptation, including doubling adaptation finance. New pledges and contributions to the Adaptation Fund will help finance the Fund’s growing pipeline of project proposals worth nearly US $500 million.
It was an exciting day for South Africa as the Minister of Forestry, Fisheries and Environment (DFFE), Barbara Creecy unpacked the country’s Just Energy Transition Implementation Plan (JET IP). The plan will require initial funding of R 1.5 trillion for the period 2023-2027.
The JET IP is premised on the National Development Plan 2030 and the priority sectors for investment include electricity, new energy vehicles and green hydrogen. The governments of France, Germany, UK, USA and the EU (known collectively as the International Partners Group), have committed to R 128 billion (US 8.5 billion) to the overall R 1.5 trillion. We have at least another US $ 85 billion to go.
The approval by South Africa’s Cabinet of the Implementation Plan is another milestone in South Africa’s Just Energy Transition (JET). The JET is South Africa’s commitment to decarbonise the economy based on suitable financial support being provided by the developed countries and in line with South Africa’s Nationally Determined Contribution (NDC) to the global effort, compatible with the Paris Accord.
The JET will be managed at a pace, scale and cost that is consistent with South Africa’s socio economic development path, needs and affordability- the transition needs to be considered in light of South Africa’s high unemployment, poverty and energy insecurity. As a country that contributed less than 2% to the world’s GHG emissions, South Africa will be one of the countries most affected by the impacts of climate change. In the presentation by the South African Government the term ‘intergenerational injustice’ was used.
The JET IP sets outs a long- term and well managed transition to a low carbon economy at a pace and scale that is appropriate to the nation’s circumstances and developmental needs and is based on the concept of justice. The Minister said that the JET IP is concretised by an investment plan and on the outcomes of consultative process run by the Presidential Climate Commission, which took place with stakeholders during the first quarter of 2023.
Creecy added that the South African government had developed the implementation plan for the country’s JET, which entailed investment in electricity infrastructure, new energy vehicles, green hydrogen, skills development and interventions directed at the most affected communities.
The JET IP is structured to support not only decarbonisation but the country’s foremost task of reducing poverty, inequality and unemployment. It proposes a set of institutional structures and mechanisms that will allow for co-creation and in taking it forward we will move from consultation to participation, and co-creation. Inherent in the plan is an optimism that the climate crisis does not only pose challenges but opportunities and shared prosperity.
The aim of the plan is also to bring financial transparency into the climate finance space through a grants register and a funding platform to match available funds to projects and provide accountability. It commits South Africa to support the development of capacity at community and worker level, to build the projects and initiatives that will ensure the benefits of the JET are felt by those most affected and it will direct resources and funding to the infrastructure and initiatives that would have the most impact and have the greatest spread of benefit.
Last but not least, the plan will maximise the opportunities for economic growth through diversification and green industrialisation and through that ensure that the JET is one that has demonstrable positive impact to our country.
Publication
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Publication
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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