Publication
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 | December 2023
The New Development Bank (NDB), the multilateral development bank established by Brazil, Russia, India, China & South Africa (BRICS) to finance infrastructure and sustainable development projects, hosted a very interesting side event at COP28 on Day 6.
The NDB side event theme focused on Just Transition outcomes and indicators: Are we on the right path? Panel participants included Dr Crispian Olver, Executive Director of the Presidential Climate Commission; Eskom Acting CEO Calib Cassim, Gareth Phillips, AfDB Chief Climate Change and Green Officer in the Environment and Climate Change Division and Vincent Gilles, CFO of Infinity.
Dr Crispian Olver acknowledged that we are an unchartered territory when it comes to measuring and tracking a ‘just transition’ and highlighted the importance of exchanges such as those taking place at COP28 this week to track and measure what a ‘just energy transition’ looks like.
Olver emphasised that in terms of African nations their ambitions for growth needed to be addressed through the lens of their own national developmental needs and that climate justice for the developing world needs to take place hand-in-hand with the ambitions of these nations.
As the Executive Director of the Presidential Climate Commission, Olver and his colleagues have created a framework for three types of climate justice that need to be considered, namely Procedural Justice, Distributive Justice and Restorative Justice. These need to be integrated into every just transition energy plan and be measured and tracked to assess their actual impacts in communities that are dealing with climate events.
Vincent Gilles stated that tracking is becoming increasingly important and that it adds credibility and integrity. He further submitted that a reputation of a company takes ages to build, but it takes one minute to destroy it – that’s why companies need to be laser focused on tracking.
Eskom Acting CEO Calib Cassim spoke about the challenge of decommissioning coal power plants where ecosystems exist that support the livelihood of many communities. He made it clear that it is not possible to decommission all SA’s power plants from Eskom’s perspective (80% of South Africa’s power is procured from coal powered stations). A priority for Eskom is considering whether power stations can be repurposed to support the ecosystems that currently reside around power stations. It is imperative that the current drive for an energy transition doesn’t exacerbate the challenges of inequality and poverty for communities. From an electricity industry perspective, it’s an exciting time of challenges and opportunities for the industrialisation of the renewable sector in SA.
Gareth Phillips from the AfDB reminded the audience about educating communities on climate change as a key part of consultation processes. Stakeholder consultations should ideally take place before engineers come in, to design project solutions.
The global concessionary finance on offer to South Africa is completely mismatched to the need, Dr Crispian Olver stated. If the JET IP is to be fit for purpose, there’s a fundamental rethink needed on how to structure the financing. There is $1.5 trillion funding requirement for SA’s JET IP by 2030. At the moment, we get 2.5% of global trade, but 30% of that trade is negatively impacted by Carbon Border Adjustment Mechanism (CBAM). Africa is being hobbled from its core ambition of being prosperous because the overall financial architecture discriminates against developing nations playing in this space. Africa only gets 3% of climate finance but is disproportionately impacted by climate change.
The AfDB is working to increase Africa’s portion of climate financing portion to 10% by 2030.
Phillips was positive that there is movement in the right direction and that it should get easier to raise green financing. The AfDB also has a green banks initiative that is growing.
Calib Cassim concluded with noting the $8.5 billion finance from the IPG has grown to over $11bn to contribute to South Africa’s just energy transition. As a country we need to see the integrated energy system talking to the integrated funding system. We need a Masterplan with each of the sectors across generation, distribution and transmission talking to each other as well as rail and logistics. We need everyone on board to put the big puzzle together, Cassim noted.
DrvOlver concluded that as these exchanges are occurring, the magnitude of the challenge is dawning on all those involved. However, there is progress. Prices related to renewable energy projects have come down and it’s now cheaper to do a renewable energy system than any other type of project. So, what we need to unlock this transition at scale are the enabling regulatory reforms. South Africa is making headway in introducing regulatory reforms. The transition is underway but it’s our obligation is to ensure it’s a just one.
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.
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023