East African Court of Justice Arusha 10 February 2016: The President of the East African Court of Justice, Hon Justice Dr. Emmanuel Ugirashebuja delivered a Key note Address in Kigali during the conference on the outcome of the Agreement of the UN climate change conference (CoP21) that was held in Paris: “challenges and opportunities for Africa” The conference was organized by Konrad Adenauer Stiftung (KAS) in cooperation with the Development and Rule of Law Programme (DROP) of the University of Stellenbosch (South Africa).
The 2 day conference was held on 10th -11th February 2016 at Grand Legacy Hotel Kigali. It brought together various highly and internationally renowned experts and diverse stakeholders from Eastern Africa. The aim of the conference was to investigate in an interdisciplinary manner; what challenges and opportunities arise from the Agreement and how Law, Policies, Finance and related mechanisms can further climate justice ahead and enfold protection mechanisms for the most vulnerable.
His Lordship focused on the review of COP21 Paris Agreement in the light of international Law” the judicial perspective. He further delved into the relationship of Paris Agreement COP21 and general principle of international Law. In other words, how can Paris Agreement be located in the wider corpus of international Law? Justice Ugirashebuja also mentioned that even though the Agreement has not been signed, it shall come into force on 30th day after the date on which at least 55 parties to the convention counting in total for 55 percent of the total global greenhouse gas emissions have deposited their instruments of ratification, acceptance, approval or accession.
The President of the Court further emphasized that the Agreement was adopted by consensus on the 21st conference of the parties of the United National Framework convention on climate change and that the signature will be a crucial time for States to clearly express their intent to be bound by the provisions of the Treaty and article 18 of the Vienna Convention on the Laws of Treaties (VCLT) obliges States to refrain from such conduct which would defeat the object and purpose of the Treaty.
His Lordship pointed out that the subsequent conduct of the States after the adoption of the Paris Agreement will determine whether the future of the course of the emission of the green house gas will continue to be the same or it has been altered. Justice Ugirashebuja concluded by pointing out that the Paris Agreement generally introduces new perspectives and potential for innovation in meeting the challenges posed by global warming.
The conference therefore recommended East African Member States to embrace the Paris Agreement and encourage governments to initiate processes of Law and ratification of COP21 Paris Agreement. To also mainstream climate change in all policies and programmes of EAC Partner States and to increase Public awareness on the Climate Change Programmes in the Region.
In attendance was also H.E. Peter Fahrenholtz, German Ambassador to Rwanda, Mr. Charles Sunkuli Principal Secretary of the State Department of Environment, Republic of Kenya, Prof. Dr. Oliver C. Ruppel, Director Development and the Rule of Law programme, Faculty of Law, University of Stellenbosch, South Africa, Hon. Pareno Member of East African Legislative Assembly (EALA), Justice Philip Waki, Member, International Advisory Council on Environmental Justice, EAC Staff in charge of Climate Change Programme.
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