A/77/549
73. The massive power and resource imbalances among States participating in climate
change negotiations have led to compromises that benefit politically powerful States –
including former colonial powers – at the expense of global South States, especially
small island developing States. One submission highlighted how existing climate
mitigation interventions, which are delivered only in English and remain highly
technical, widen the gap between traditional and scientific approaches to climate
response. 136 Although States in the global North are typically capable of fielding large
negotiating teams and relying upon well-resourced national bureaucracies operating in
English, other States are limited to smaller negotiating teams with limited support from
their capitals. 137 This imbalance is magnified by the outsized economic capacity of
global North States, which was built in significant part through racist domination of the
global South, and allows the North to exert greater leverage on the global South. At the
same time, global South States have no effective, reliable means of holding global
North States accountable for failing to meet their climate obligations or to provide
reparations for historical and ongoing climate injustice.
74. There are vital debates about the need for greater compliance with existing
international standards in the face of ecological crisis but, as highlighted by
submissions received, a central problem is the existing international legal
frameworks. For example, in addition to the above, internation al law fails to provide
robust provisions for holding transnational corporations accountable for human rights
violations that disproportionately affect peoples and territories colonially designated
as non-white. International investment law presently serves as a deterrent to
environmentally responsible extractivism regulation because of the costly arbitral
proceedings that can result from national environmental and other regulation s that
diminish the value of foreign investment. An additional concern is that the applicable
legal and policy frameworks have operated as “hyper-technocratic silo[s]” 138 that are
disconnected both from the bodies of law that are major contributors to the problem,
and from the economic, social and political fields that shape and are impacted from
ecological crisis. Even the way nature and the environment are conceptualized in
international environmental discussions is limited to the commercial, human -centric
understandings of nature that can be traced to early European scholars, and that
remain the dominant frames in international law. 139 The worldviews that have
precipitated ecological disaster and that are determining the global response remain
anchored in Eurocentrism and continue to exclude the worldviews of other peoples.
This epistemic imperialism is itself a racial justice issue.
B.
Recommendations
75. The present report conveys the grim picture on the ground, but there are
racially and ethnically marginalized groups that challenge environmental racism
and climate injustice on a daily basis, and that are charting paths toward climate
justice and environmental justice more broadly. From consultations, the Global
Tapestry of Alternatives 140 offers one example. It is a “network of networks”,
that is a non-hierarchical, horizontal initiative focused on solidarity, strategic
alliances and systemic solutions at the local, regional and global levels. Other
examples include Oil Change International and the Indigenous Environmental
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136
137
138
139
140
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Submission from Vano.
Danielle Falzon, “The ideal delegation: how institutional privilege silences ‘developing’ nations
in the UN climate negotiations”, Social Problems, spab040 (2021).
Submissions from Gonzalez and the Centre for Economic and Social Rights.
Ushu Natarajan and Kishan Khoday, “Locating nature: making and unmaking international law”,
Leiden Journal of International Law, vol. 27, No. 3 (2014).
See https://kalpavriksh.org/our-work/alternatives/global-tapestry-of-alternatives/.
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