Journal of Sustainable Development Law and Policy (The)

Editorial Comments

Walters Nsoh — 2024-10-25

No abstract.

Land Governance and Environmental Management in the Middle East and North Africa (MENA) Region

Robert Home — 2024-10-25

The importance of governance arrangements for access, use and control of land and resources is being increasingly recognized by international institutions. This paper overviews land governance initiatives being promoted by UN Habitat, and the growing importance of rapidly developing geospatial technologies. The paper next addresses land governance issues in the MENA region, particularly the Arab Land Governance initiative, and presents a brief case study of Oman’s land governance, and its effects upon society, urban settlement patterns, and land markets. Issues of education and training for better land governance are discussed. Recommendations and conclusions address the issues and ways forward for the region.

Protecting Water Resources in North African Countries as an Entry Point to Achieve the Sixth Sustainable Development Goal

Riyad Fakhri — 2024-10-25

This article examines the legal framework on water in the Maghreb countries and analyzes if the existing legal framework guarantees the achievement of the sixth Sustainable Development Goal by 2030. One of the most important challenges faced by North African countries is the scarcity of water resources. Water scarcity and difficulty of providing the population with potable water, causes a thirst crisis and disruption of biodiversity, and thus preventing the achievement of sustainable economic and social growth, especially since the communities of this region are known for their intensive agricultural activity. The MENA region is among the most exposed to the negative effects of climate change, as the decrease in rainfall and its temporal and spatial variation leads to frequent floods and multiple droughts. All these pose the problem of dealing with the legal system considering the weak official cooperation between these countries to deal with this reality and find the necessary mechanisms to protect water resources from depletion, face climate change and reduce its effects. This article focuses on the Maghreb countries: Morocco, Algeria, Tunisia and Mauritania. The choice of these countries is motivated by the fact that they share the same climatic characteristics and above all they suffer in the same way from the repercussions of global warming. Water resources in these countries are under increasing pressure amid population and industrial growth, irrigated agriculture, urbanization, tourism, climate change, overexploitation of aquifers and deteriorating water quality. In terms of methodology, the article employs a literature review of studies in this field as well as an analysis of legal texts related to water and the environment in the countries surveyed. This study shows that the Maghreb countries have made considerable efforts at the legal level to guarantee access to water for their citizens, however there are many peculiarities and insufficiencies for which the study presents some recommendations susceptible to help with the attainment of the 6 SDG objective within 2030.

The Role of the Textile Industry and Permitting Systems in Advancing the Environmental Dimensions of the SDGs in the MENA Region

Aphrodite Smagadi — 2024-10-25

The textile industry plays a key role in driving development and human welfare, but it is also a sector struggling to address its contribution to the triple planetary crisis – climate change, biodiversity loss, and pollution. In the Middle East and North Africa (MENA) region, the environmental implications are compounded by the region’s water scarcity, land degradation and energy dependence. This article emphasises the urgent need to transition towards a sustainable and circular textile value chain to accelerate the achievement of the United Nations Sustainable Development Goals (SDGs). In this respect, permitting processes play a key role. However, the role of permitting systems in driving us towards a sustainable economy for textiles has not been exhaustively explored, if at all. Drawing upon research conducted by the UNEP Law Division in collaboration with Queensland University of Technology, as well as a broader literature review, this article examines the role of the textile industry in the MENA region and the importance of developing, or strengthening existing, legislation relating to permitting procedures, with a specific focus on Morocco, Türkiye, Jordan, and Egypt. The article underscores the pivotal role of environmental permitting processes in addressing the environmental footprint of the textile sector, mainly related to the production phase of the industry. While many countries already have permit processes in place, there is a need for policymakers to review and strengthen these frameworks to ensure comprehensive integration and address existing gaps. By doing so, countries can more effectively regulate and minimise the environmental impact of textile activities, thereby advancing the environmental dimensions of the SDGs.

Policy Options for Achieving Sustainable Development Goals (SDGs) in the MENA Region through the Effective Implementation of Multilateral Environmental Agreements

Emem Anwana — 2024-10-25

The Middle East and North Africa (MENA) region faces a complex set of challenges, including political instability, economic disparities, and environmental degradation. Achieving the Sustainable Development Goals (SDGs) in this region is paramount to ensuring a sustainable and prosperous future for its diverse populations. Multilateral Environmental Agreements (MEAs) play a crucial role in addressing environmental issues, which are intertwined with many of the SDGs. This paper explored policy options that can help the MENA region make significant strides towards achieving the SDGs through the effective implementation of MEAs. To achieve this, the MENA region will be required to strengthen regional cooperation through the development and implementation of regional agreements that are tailored towards shared environmental issues, such as trans-boundary water management in the Nile River basin or tackling air pollution in the Gulf Cooperation Council (GCC) countries. Strategies for the adoption of policies on the region’s prevalent issues such as drought and desertification, renewable energy transition, biodiversity conservation, climate change mitigation and adaptation will have to be negotiated, developed, strengthened, and implemented. The paper utilised a content analysis research approach in analysing selected international and regional MEAs. The paper highlights the challenges with the implementation of both international and regional MEAs, with a view to raising awareness on the shortcomings and challenges of implementation of these very important environmental treaties. Achieving the SDGs in the MENA region through the implementation of MEAs requires a coordinated effort amongst nations, international organisations, and civil society. By prioritising regional cooperation, sustainable resource management, renewable energy adoption, biodiversity conservation, climate action, waste management and education, the MENA region can make significant progress towards a more sustainable and prosperous future. These policy options offer a roadmap to address pressing environmental challenges whilst simultaneously advancing the broader agenda of sustainable development.

Green Hydrogen and Formula 1 (F1): Advancing Sustainable Comprehensive Approaches for F1 Events in the MENA Region

Feryal Fekri — 2024-10-25

Formula 1 (F1) has embarked on sustainability initiatives, notably the 'Countdown to Zero' campaign aimed at achieving carbon neutrality by 2030. This article delves into F1's sustainability efforts, focusing on the integration of green hydrogen as a promising solution for reducing carbon emissions, particularly within the Middle East and North Africa (MENA) region. Despite the novelty of green hydrogen in F1, its potential applications in powering vehicles and supporting event logistics are explored. Additionally, the article examines MENA's significance in F1's sustainability agenda, given its abundant renewable energy resources and strategic position in hosting Grand Prix races. The feasibility of transitioning F1 cars to sustainable alternatives, including electric vehicles, hydrogen-powered cars, and e-fuels, is scrutinized, highlighting challenges and opportunities. Furthermore, the article discusses sustainable practices that can make F1 events more sustainable. It refers to sustainable practices previously implemented in past F1 Grand Prix races, assesses their applicability to the MENA region, and suggests innovative practices that the MENA can implement; these include the installation of solar canopies in F1 circuit parking lots and the use of bio-fuelled trucks for event logistics. Investment in sustainable aviation fuel (SAF) emerges as another avenue for F1 to mitigate its carbon footprint, potentially through partnerships with airlines present in the MENA region, such as Emirates. Ultimately, this article underscores the imperative for F1 to embrace sustainable practices, not only to align with societal trends but also to lead the charge in environmental stewardship within the realm of motorsport.

Advancing Sustainable Seawater Desalination in the Persian Gulf: Opportunities and Challenges under the Kuwait Convention 1978

Mahnaz Rashidi — 2024-10-25

Seawater desalination has emerged as a viable solution, notably utilized by many Persian Gulf littoral countries facing severe water shortages and aiming to achieve the targets of the sustainable development goal 6 regarding ensuring availability and sustainable management of water and sanitation for all. However, desalination comes with costs and can adversely impact marine ecosystems. Conserving and sustainably using oceans, seas, and marine resources is one of the sustainable development goals (Goal 14), and unmanaged use of desalination plants in the Persian Gulf Coasts can threaten this goal. Therefore, moving towards a sustainable process of seawater desalination in this region requires the promotion of cooperation, including through the effective implementation of existing multilateral environmental agreements (MEAs). Based on this, the main question of this paper is: what are the opportunities and challenges of the Kuwait Convention (1978) in advancing sustainable seawater desalination in Persian Gulf? The results of descriptive and analytical studies based on library resources in this research indicate that the provisions concerning the prevention, control and combating of land-based pollution, as well as requirements for environmental impact assessments, are the most significant opportunities provided by this instrument. However, the lack of direct obligations regarding the management of seawater desalination and non-existence of effective compliance mechanisms are the challenges of this convention. To address these challenges, adopting a seawater desalination management guideline under ROPME, promoting international cooperation, sharing experiences and knowledge related to innovative technologies and empowering compliance mechanisms under this convention are the essential recommendations for the effective implementation of the Kuwait Convention towards sustainable seawater desalination in the region.

Energy Transition in the Middle East and North Africa Region: Regional Solutions for Climate Change Challenges Amid Economic Sanctions

Mehrnoosh Aryanpour — 2024-10-25

As the world grapples with the urgent priority of transitioning to a net-zero future, there exists a shared need to make all efforts to reduce anthropogenic greenhouse gas emissions, mostly caused by burning fossil fuels. The Middle East and North Africa (MENA) region plays an important role because of its oil and natural gas output. Additionally, this region has experienced significant conflict and numerous wars. This article will focus on one of the many challenges that some key states in the MENA region, with a main focus on Iran, are facing in their energy transition. Several countries in the MENA region are or have recently been subject to some form of economic sanctions. Sanctions appear to have had a material impact on these countries’ abilities to fulfill their contributions to transitioning to a net-zero economy. Research suggests that the chief obstacles they face regarding that transition is the lack of access to the latest technologies, a dearth of financing, limited or often no direct investments in low carbon industry, diplomatic isolation, and the concomitant economic volatility caused by sanctions, which in sum, take away from the financial capacity of a target country to save and invest for the transition to net zero. Therefore, it is crucial to revisit sanctions laws and policies, ensuring that they do not hinder the global community from achieving its climate goals. This article proposes establishing a regional ‘climate savings account’ to serve as a strategic mechanism to balance geopolitical interests and environmental goals.

Assessing the Alignment and Implementation Challenges of the Sustainable Development Goals (SDGS) 2030 in Morocco: A Relevant Inquiry

Ghita Chehbouni — 2024-10-25

Morocco, a North African nation known for its rich cultural heritage and diverse landscapes, has been actively pursuing the Sustainable Development Goals (SDGs) as a framework to guide its development efforts1. The country has made significant progress in aligning its national development strategies with the SDGs, particularly prioritizing goals such as quality education2, clean water and sanitation, and clean energy3. This paper aims to evaluate the effectiveness of SDGs implementation in Morocco, highlighting achievements, challenges, and future prospects. (Smith, 2020). The SDGs, adopted by the United Nations in 20154, represent a global commitment to address pressing challenges including poverty, inequality, climate change, environmental degradation, peace, and justice. This review provides an analysis of the SDGs' effectiveness in driving positive change across various dimensions5. By examining academic literature, reports, it evaluates progress towards achieving the SDGs, identifies key implementation challenges, and assesses potential for successful realization. The article explores how effectively Morocco aligns its policies and addresses implementation challenges to achieve the SDGs by 20306, considering factors such as cultural diversity, economic structures, and geographic disparities. The integration of the SDGs into Morocco's development agenda presents both challenges and opportunities. By addressing issues like adaptation, inter-sectoral coordination, data availability, climate resilience, and policy integration, Morocco seeks to overcome these challenges. Understanding these obstacles and their solutions is crucial for assessing the relevance and effectiveness of SDGs' implementation, ultimately contributing to Morocco's sustainable development journey by 2030.

Integrating ESG Principles into Environmental Education: Opportunities and Challenges in the MENA Region

Oluwatobi Mary Owojori — 2024-10-25

The Middle East and North Africa (MENA) region grapples with pressing environmental challenges such as water scarcity, desertification, and climate change. However, within these challenges lies the potential for sustainable development. A paradigm shift in environmental education for sustainable development is imperative to address these issues effectively. Environmental education plays a crucial role in instilling resilience in the face of climate change and natural disasters that increasingly impact the region. Redefining EE through Environmental, Social, and Governance (ESG) can act as a catalyst for positive change. Integrating ESG principles into education empowers citizens not only to understand environmental issues but also to lead sustainable lives and contribute to the sustainable development goals (SDGs). Accessibility to environmental education should be universal, transcending gender, socioeconomic status, and geographical location. Leveraging technology and digital platforms can significantly enhance the reach and impact of environmental education. Methodologically, this article employs a conventional literature review approach, conducting a desktop research to comprehensively examine the existing body of publications related to environmental education for sustainable development in the MENA region. The review explores current environmental educational approaches applied to achieve sustainable development in the MENA region. Subsequently, it introduces alternative approaches that leverage ESG principles consistent with the Sustainable Development Goals, aiming to redefine the current status quo. The article concludes by emphasizing the need for a paradigm shift in environmental education in the MENA region through the integration of ESG principles into the curriculum, promotion of collaborative governance and inclusivity, the region can nurture a new path of environmentally conscious citizens poised to contribute to sustainable development.

Enhancing Sustainable Communities through the Protection of Natural Buffer Zones

Masoud Faryadi — 2024-10-25

Certain regions within Middle Eastern countries are vulnerable to climate-related hazards, including floods and dust storms, resulting in adverse consequences for these nations and hindering the sustainable development of urban communities. The preservation and development of natural buffer zones, such as green spaces and surface waters, offer nature-based solutions to shield urban areas from the impacts of these hazards. This article examines the significance and legal protection of these buffer zones and concludes that, despite their effectiveness in mitigating floods and dust storms, natural buffer zones have not received distinct recognition as protective zones for urban areas in international and national legal frameworks. The study recommends the integration of natural buffer zones preservation and development into national and regional urban planning and disaster risk management policies and strategies, highlighting their role as nature-based solutions for enhancing urban sustainability in the Middle East, especially Iran.

Importance of Eco-Entrepreneurship as a Tool for Climate Action and LowCarbon Transition in Developing Countries: A Case Study of Nigeria

Josephine Ilesanmi — 2024-10-25

Climate change poses socio-economic, legal and environmental vulnerabilities such as land degradation, biodiversity loss, loss of property and livelihood, increase poverty rate and a threat to public health. These impacts are said to only intensify with projected increase in population and global economic growth. Hence, global consensus advocate for decarbonisation and low carbon transition in all economic sectors as an effective mitigation strategy for climate change. In an attempt to lower carbon emissions, leading cooperation’s and organizations have focused on mitigation projects that regulate activities of cooperate actors and big CO2 emitters such as the oil and gas conglomerates. However, the United Nation Sustainability Development Goals (SDGs) promotes a transformative bottom-up approach to address climate change via localism and citizen participation to educate and train eco-entrepreneurs or ecopreneurs who participate and engage in strategic entrepreneurship projects designed to actively decarbonize economies. These ecopreneurs generate home-grown sustainabilityfocused small and medium scale eco-enterprises (SMEEs), also called energy citizens, ecological citizens, energy communities and co-operatives that can develop sustainable business model innovations, nature-based services and solutions, sustainable business management strategies, technologies and green jobs needed to drive the low carbon transition in key CO2 -emitting economic sectors such as the energy, agriculture, transportation, waste management, food, tourism, building and architecture and fashion industries. This article examines the characteristics, nature and benefits of eco-entrepreneurship as a tool for advancing climate action and low carbon energy transition. Using Nigeria as a case study, a profile of the barriers slowing the growth of eco-entrepreneurship is identified within the PESTEL framework. Furthermore, drawing examples from the U.K. governance landscape and portfolio, recommendations on a transformative yet contextual strategy captured in the five transformative features (diversity, connectivity, polycentricity, redundancy and directionality) are made to interrogate and overcome entrepreneurial ecosystem barriers towards successfully supporting the rapid growth of eco-entrepreneurship.

Developing a Taught Module on ‘Law, Religion, and Environment’

Pedi Obani — 2024-10-25

Building on the Arab Barometer seventh wave survey, which highlights the regional priorities on climate change, water resources, and environmental development in Middle East and North Africa, this paper explores the potential for a module on “Law, Religion and Environmental Sustainability”. The module aims to mainstream environmental sustainability in the legal education curriculum through forging the intersections between law, religion, and the environment. The growing body of interdisciplinary research on religion and environmentalism mainly involves scholars from academic disciplines such as sociology, theology, and religious studies, but not law. The Arab Barometer results indicate that citizens’ environmental concerns are mostly linked to the micro level, without directly reflecting on related macro level issues. However, religious beliefs and faith systems often cut across the micro and macro levels, and could potentially advance environmental and sustainable development objectives. Moreso, there have been pockets of non-international armed conflicts that are in some ways tied to religious beliefs and cultural values on access to natural resources such as land and water. This paper addresses how to train law students to embrace and contribute to the emerging field of religion and environmentalism. Such training would equip law graduates to (a) have a good understanding of the contemporary social, economic and political context of environmental governance and sustainable development laws; (b) appreciate the interlinkages between law, religion and environment at a theoretical and practical level; and (c) be better equipped to maximise the opportunities and resolve tensions that may arise from mainstreaming legal principles, including human rights and justice, in advancing sustainable development goals, including environmental sustainability.

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Development, MENA region, Legal Education,

Safeguarding Human and Environmental Rights amidst Land-based Corporate Investments in Emerging Markets and How These Investments are Impacting Vulnerable Populations in Africa, Particularly Women

Hajer Gueldich — 2024-10-25