PIONEERING LEGAL PROTECTION FOR THE ENVIRONMENT | HBKU

By Dr. Damilola S. Olawuyi

Associate Professor at the College of Law and Public Policy, LLM (Harvard), DPhil (Oxford)

Protecting and conserving the environment for present and future generations was an impetus that manifested very early in different belief systems, cultures and civilizations. For example, Islamic principles emphasize that humankind is a mere trustee of the earth and not a proprietor nor a disposer or one who ordains; and that all humans have the solemn duty to maintain and preserve the natural environment.

Scientific studies also confirm that a well-protected environment, free from air, water, land and noise pollution, is essential to the overall health and vitality of human life and communities.

However, for many years, the global community has been in search of committed stewardship of the environment. The problems of climate change, stratospheric depletion of the ozone layer, ocean and marine contamination, trade in endangered plant and animal species, and deforestation among others are human-induced ecological threats to the environment that require urgent legal solutions.

Qatar has gained increased recognition as a regional leader in pioneering legal solutions to current and emerging threats facing the environment. For example, the environment pillar of the Qatar National Vision (QNV) 2030 expressly recognizes the need for an ‘agile and comprehensive legal system that protects all elements of the environment, responding quickly to challenges as they arise’.

Furthermore, Qatar emerged as one of the first countries in the Middle East and North Africa (MENA) region to ratify the Paris Agreement on Climate Change and put in place very strong Intended Nationally Determined Contributions on a low carbon and sustainable future. Another landmark achievement is Qatar’s establishment of a national climate change committee, an administrative body tasked with monitoring climate change.

Furthermore, the Ministry of Municipality and Environment has issued 33 substantive laws that cast a special spotlight on environmental protection in the country. Coming at a time of evident global inertia, Qatar’s body of environmental legislation contain a wide range of measures that could establish Qatar’s position as a global eco-pioneer.

Ranging from emission reduction to water conservation, reduced air pollution, nature conservation, resource efficiency, food security and green transportation, among others, Qatar has developed a comprehensive and committed legal order that places environmental protection very squarely at the heart of economic development.

However, a key issue that remains pertinent for Qatar and the MENA region as a whole is the need to accelerate capacity development and training on environmental issues. Target 17.9 of the United Nations 2030 Agenda for Sustainable Development emphasizes the need to implement ‘effective and targeted capacity building to support national plans on the sustainable development goals’. To inspire the next generation of environmental innovators, there is a need to further mainstream environmental education into university curricula in Qatar and across the region.

The HBKU College of Law and Public Policy (CLPP) is already spearheading innovation and effort in this area. In November 2018, CLPP hosted the first Middle East Environmental Law Scholars’ Conference. Sponsored by the United Nations, as well as the Qatar National Research Fund, the conference provided an unprecedented opportunity for environmental experts, practitioners and scholars from Africa, Europe, North America and the Middle East to brainstorm about the most effective means of integrating environmental law teaching into universities in the MENA region.

A significant outcome of the conference was the inauguration of the Association for Environmental Law Lecturers in Middle East and North African Universities (ASELLMU) as an umbrella association for all full-time academics who conduct research or teach environment-related law courses in the MENA region.

ASELLMU, a brainchild of CLPP, now provides a professional network and hub for MENA scholars to exchange ideas, teaching material, pedagogy, best practices, and collaborate on research projects. ASSELMU’s next conference is scheduled to be held in Casablanca, Morocco later in 2019.

From Doha to Casablanca, CLPP is pioneering an important effort aimed at delivering cutting-edge training and research that supports the environmental priorities of QNV 2030, as well as advancing capacity building on environmental issues in the MENA region.