Renewable energy and energy justice in the Middle East: international human rights, environmental and climate change law and policy perspectives

Abstract

The concept of energy justice is now a divisive issue throughout the world. Clean energy is becoming increasingly unavailable to a large portion of the population. Against this backdrop, this article explores the legal aspects of renewable energy and energy justice in three major, traditionally energy-rich countries representing the Middle East: the Kingdom of Saudi Arabia (KSA), Iran, and Iraq. It critically evaluates these countries’ legal challenges of renewable energy and energy justice. The research found that renewable energy is becoming more necessary for sustainable development and resilience to climate change. Natural resource abundance, increasing energy use, and a commitment to global climate change goals all pose unique challenges and opportunities for countries in the Middle East region. From international human rights, environmental, and climate change law perspectives, this article analyses the current regulatory processes and legislative frameworks aimed at increasing the use of renewable energy sources and ensuring energy justice. Renewable energy in the Middle East has been influenced by regional initiatives, international treaties, and national legislation, all of which are examined in detail.

Introduction

Sustainable development techniques and long-term planning are more important than ever before as Middle Eastern nations fight against environmental degradation and guarantee a steady energy supply. Traditional fossil fuels are becoming increasingly important due to the region’s fast economic and population development, leading to a rise in energy demands.¹ However, there have been severe ecological consequences to consuming these finite resources, such as the acceleration of climate change and the threat to human civilization. In this context, renewable energy, energy justice, and right-wing lawsuits are key players that may help address the region’s pressing social and environmental issues.

The geopolitical scene significantly impacts how energy policies and justice systems develop in the Middle East. Forming global partnerships, such as climate clubs, is important for encouraging regional teamwork amidst geopolitical clashes.² These partnerships create great opportunities for Middle Eastern nations to collaborate on energy justice projects, which are crucial for tackling environmental issues. Furthermore, international economic law provides mechanisms that can either boost or obstruct these initiatives, depending on their execution. Grasping the geopolitical and legal forces at work is essential for ensuring that the shift to renewable energy in the Middle East is sustainable and fair. This viewpoint highlights why exploring energy justice from the perspective of international law is vital—even more so in regions where political and economic strains could slow down progress.

Justice and the capacity to exercise rights regarding environmental concerns are the primary objectives of right-based litigation. Thanks to concerns about the ecological repercussions of energy production in the Middle East, environmental protection activists now have a new and powerful tool at their disposal: right-based litigation.³ A vital component of this approach is using international frameworks and legal procedures to ensure that governments and enterprises are held responsible for their actions, particularly in energy development.⁴ Litigation concerning ecological concerns provides an avenue for individuals and communities to advocate for sustainable practices that uphold the principles of environmental justice, hold those in power accountable, and seek solutions.

The shift to renewable energy sources is also critical to solving the environmental challenges in the Middle East. Sustainable and environmentally friendly renewable energy sources like solar, wind, and hydropower may replace conventional energy sources like coal, oil, and natural gas.⁵ The Middle East has tremendous potential to utilize renewable energy and lower its carbon footprint due to its abundance of solar resources.⁶ Using renewable energy sources has many positive social and economic implications, such as reducing the impact of climate change, increasing energy security, and enhancing environmental quality. However, to fully tap into renewable energy’s potential, a comprehensive strategy is necessary to integrate and grow renewable energy sources within the energy mix.

As a result, energy justice is crucial in the Middle East to guarantee an equal distribution of energy resources and benefits. Energy justice incorporates environmental justice,⁷ social equality, and human rights concepts, recognizing that access to inexpensive, dependable, and sustainable energy is a vital human right.⁸ To achieve energy justice, we must ensure that the shift to renewable energy sources does not increase inequities in electricity access, especially among underprivileged people.⁹ Furthermore, energy justice considers the effects of energy production and use on marginalized communities, protecting their right to a healthy environment and ensuring their safety.

Significance of the study

This scholarly research thoroughly examines right-based litigation, renewable energy, and energy justice from the vantage point of international environmental and Climate Change law, emphasizing three countries to represent the Middle Eastern representative scene, that is Iraq, the Kingdom of Saudi Arabia (KSA) and Iran. The three nations were selected for a variety of reasons. These nations have enormous fossil fuel reserves, especially oil, and are significant actors in the international energy market.¹⁰ Since the Middle East has long relied on oil and gas exports, studying their shift to renewable energy is essential for comprehending the opportunities and threats associated with making the same shift in the area. It is to be noted, ‘(b)esides being the world’s largest net crude exporter, the region hosts almost half of the world’s proven oil reserves and more than a third of its gas reserves’.¹¹ Secondly, the socio-political settings of these countries are quite different. Iraq is a federal parliamentary republic, Iran is a theocratic republic, and Saudi Arabia is an absolute monarchy. These three countries have pretty distinct approaches to government. One may learn a lot about the effects of political regimes on energy transition and justice by comparing and contrasting their strategies for renewable energy.

Studying energy justice and international environmental law is significant since the Middle East faces climatic and ecological concerns. The selection of these three nations enables a thorough examination of the interplay between these matters and the area’s many economic, political, and environmental elements.

The study highlights the need for a comprehensive strategy incorporating environmental safeguards, social equity, and legal frameworks to advance sustainable energy practices in the region, and it hopes to contribute to the continuing dialogue on renewable energy development, energy equity, and environmental sustainability and inform future studies.

Methodology

This research takes an international environmental law stance on the legal challenges surrounding renewable energy and energy justice in the Middle East Region. The study’s methodology is based on a thorough literature assessment. The literature review was chosen because it makes synthesizing results from various studies easy. This strategy facilitated a critical analysis of multiple sources to develop a nuanced understanding of renewable energy and energy justice issues from an international environmental law perspective. An extensive and clear synopsis of the available data on a subject or issue is one of the critical benefits of a systematic literature review. Systematic literature reviews have less room for bias, mistake, or omission since they adhere to strict and predetermined protocols.¹² Additionally, a systematic literature review may better understand trends, patterns, and gaps in the literature. By offering trustworthy and current synopses of the top available evidence, systematic literature reviews help educate decision-making, policy-making, and practice.

The inclusion criteria included peer-reviewed academic articles, legal documents, policy papers, and reports from reputable international organizations published within the past 10 years. The exclusion criteria included non-academic sources, outdated materials (pre-2013), and sources not directly relevant to renewable energy, energy justice, or environmental law in the focus countries. The study relied on PubMed, Scopus, Web of Science, JSTOR, and Google Scholar databases. The identified sources were thoroughly analysed, considering the author’s background, potential biases, methodological rigour, and the strength of the evidence presented. Systematic coding made it possible to draw comparisons between the legal development in three countries Iraq, KSA, and Iran, that formed the basis of the present study.

Human rights in the energy sector

Energy is essential for any human endeavour. Access to inexpensive energy is fundamental for meeting basic human requirements such as safe drinking water, cooking, housing, healthcare, transportation, communication, and modern agriculture. Thus, ‘human rights in the energy sector’ might mean two things: first, that energy is a fundamental human right, and second, that human rights legislation affects the energy sector and how it applies to it.¹³ While the following section delves into the latter, this one examines potential interpretations and justifications of energy as a human right.

Energy as human right

There are currently no universally recognized human rights standards about energy, which is where the idea of energy as a human right begins. That is to say, energy-related issues are left out of international human rights accords, even though they are fundamental to human survival. Although it is not explicitly stated in international human rights legislation, some have claimed that the right to energy should be recognized as a human right, similar to the right to water.¹⁴ Claimants have quickly pointed out that energy as a human right is legally unfounded.¹⁵ Given the absence of any institutional or legal foundation in international law, the right to energy remains poorly understood and conceptualized in the scholarly literature. Energy as a human right might include many different things in the absence of a well-defined legislative or institutional framework, including but not limited to supply obligations, the assurance of cheap energy pricing, and the provision of a minimum level of infrastructure to enable access to energy networks.

Human rights and energy justice intersection is becoming increasingly recognized as a vital issue, especially in areas where energy access and production deeply influence local groups. Agbaitoro points out that energy justice needs to be implemented via corporate social responsibility (CSR) in the energy and extraction sectors to tackle the socioeconomic inequalities resulting from energy production.¹⁶ CSR efforts can significantly help ensure that energy firms honour human rights by offering fair energy access, reducing environmental damage, and aiding the economic growth of local communities. This method resonates with the larger human rights framework, promoting just energy resource distribution and protecting vulnerable groups from the harmful impacts of energy initiatives. Moreover, the absence of a globally accepted human right to energy highlights the urgent demand for more robust legal systems that explicitly connect energy access to essential human rights. Energy justice should not be seen as a policy aim but as a legal duty that international companies must fulfil through their CSR actions. By weaving energy justice into their operations, these companies can help close the gap between energy access and human rights, ensuring a fair sharing of the benefits from energy production while reducing environmental and social damages.

In addition, legal hurdles in overseeing environmental practices within Iraq’s oil and gas sector—which directly influences human rights in energy.¹⁷ The environmental harm from these activities frequently hits marginalized communities harder, worsening existing social inequalities. The authors advocate for more stringent legal protections to guarantee that energy companies are accountable for their ecological impacts and that affected communities can seek legal recourse. This view strengthens the case for a solid human rights framework that tackles environmental and social aspects of energy justice in regions reliant on extractive industries.¹⁸

In 1979, the Convention on the Elimination of Discrimination Against Women (CEDAW) is the only international document that alludes to the right to energy as a fundamental human right.¹⁹ Contracting parties must eliminate discrimination against women in rural areas and ensure access to adequate housing, sanitation, electricity and water supply, transportation, and communications. The Convention also includes a requirement to take all necessary steps to end gender-based violence. The Convention only addresses a subset of the many complex problems surrounding energy access as a human right because of its narrow focus and the relative importance of energy within it. Equally rare are when energy accessibility has been crucial in determining the scope of pre-existing human rights commitments. Given the little attention given to energy in the international human rights framework, it is not surprising that studies have shown a disconnect between human rights legislation and this basic need for living conditions.²⁰ So, the global human rights system pays little attention to the fact that energy is essential to fulfilling several human rights. Energy has a tiny, if any, part in the international human rights framework.

The United Nations’ Sustainable Development Goals (SDGs) provide another framework for understanding the relationship between energy and human rights. Although the 17 objectives are not legally enforceable, they are closely related to human rights legislation and aim to “seek to realize the human rights of all.”²¹ Thus, many SDGs and targets of the 2030 Agenda correspond to existing individual human rights obligations.²² In the same vein, it is particularly noteworthy that the seventh goal (SDG 7) is to ensure everyone has access to modern, cheap, dependable energy.²³ Access to energy within a human rights framework may be better understood and justified by looking at this objective, even if it lacks indicators or objectives based on human rights.²⁴ The United Nations General Assembly also recognized the right to a healthy environment as a human right in July 2022.²⁵ This further cements the human rights implications of the detrimental effects of energy use and production on the environment, even if it is not legally enforceable.

Human right legislation’s effect on the energy sector

The energy sector’s comprehension of human rights legislation is in its early stages due to the absence of a solid basis in international human rights law and the uncertainty surrounding energy’s definition within a human rights framework. Although no energy-specific references exist in legally enforceable human rights treaties, the scholarly literature on energy as a human right has constructed its analysis by drawing analogies from previous arguments surrounding water and human rights.²⁶

Energy access and energy services have been the primary subjects of scholarly work on the intersection of human rights law and energy. According to this corpus of research, most people agree that having access to energy is necessary to realize other human rights guaranteed by treaties; hence, energy access is not a right in and of itself but rather a derived right justified by other rights. So, although the right to life and other human rights are explicitly stated in human rights legislation, having access to energy is often necessary for exercising other rights. This school of thought has institutional and human rights scholarly backing.²⁷

It is often believed that poverty is a human rights problem and that lack of energy access is a component of that poverty. Conventional wisdom is that fuel and energy poverty are mostly concerns of socioeconomic rights.²⁸ Furthermore, it has contended that ‘recognizing energy access as a right, the production, consumption, and distribution of energy will continue to lead to great harm and suffering, including human rights violations’ and that the ‘human right to energy access is inseparably linked to the guarantee of substantive equality and the elimination of discrimination’.

On the other hand, energy-induced adverse climate change issues that violate human rights, or have the potential to do so, are not explicitly addressed by international human rights treaties, declarations, or climate change treaties and accords, including the operative part of the Paris Agreement. The scholarly debate is ongoing on how to extrapolate existing human rights and climate change treaty provisions to encompass energy-induced climate change issues that violate human rights and to regulate them effectively, addressing such regulatory gaps.²⁹

Recently, the UN Human Rights Council produced a report for the UN General Assembly on ‘Promotion and Protection of Human Rights in the Context of Climate Change’ (18 July 2024) concerning access to information on climate change and information.³⁰ The report describes the state’s international commitments and corporate duties, addresses obstacles to and effective strategies for obtaining information on human rights and climate change, and offers suggestions for better decision-making procedures. It represents a peripheral approach to human rights issues arising out of climate change to make the former amenable to the latter.

Energy is not a human right in and of itself, even if it is deeply related to fulfilling other human rights. This human right is derived from different human rights duties codified in international human rights law.³¹ What follows is an examination of the Middle Eastern energy justice paradigm.

A just and equitable transition to net zero

Decarbonization has gained a lot of traction in recent years, with plans being put into action everywhere, from corporate boardrooms to international organizations. An increasing number of people are urging that these plans align with the Sustainable Development Goals (SDGs), which are more generalized goals for sustainable development.³² However, to achieve a fair and equitable shift, the global transition must be swift, significant, and inclusive, ensuring that no one is left behind, especially disadvantaged populations.³³

To build a sustainable future that benefits everyone, a fair and equitable net-zero transition does more than merely decarbonize. In theory, it ensures that no one is left out and everyone is involved in the change. After making a brief appearance in the 2015 Paris Agreement, it quickly rose to the forefront of talks at the Conference of the Parties (COP) 26 and COP27, as well as the objectives of the UN Secretary-General and the Intergovernmental Panel on Climate Change (IPCC) report for 2022. A fair transition remained a central theme under the United Arab Emirates’ COP28 Presidency.³⁴ With careful planning, a fair transition may alleviate economic and social disparities, guaranteeing that disadvantaged communities can participate in creating a sustainable future.

Environmental justice and social fairness must be considered simultaneously when designing a fair transition to zero emissions. Particularly in economies that rely heavily on carbon emissions, the effects of climate change and transition tend to fall disproportionately on already-vulnerable populations.³⁵ Plans for transition and success metrics should consider environmental justice and social fairness. The Just Transition Initiative prioritizes social inclusion and distributional effect in its action plans, providing a framework to evaluate these processes.³⁶

Complex interactions in just transition realization

Complex interactions at several levels are involved in a just transition. Understanding interdependencies such as financial flows, geopolitical tensions, technological developments, and supply chain dynamics is crucial for good design. Clean technology, sustainable agriculture, and resource management are three new areas where governments should prioritize hiring members of underrepresented groups. Policymakers should ensure people have access to training and education, and local communities should have a voice in decision-making processes. Financial institutions must develop innovative products, direct funds to areas most in need, and successfully manage societal risks to reach a net-zero world inclusively. Meanwhile, regulators and governments will need to build an appropriate transition environment.

Increasing temperatures, more frequent droughts, and severe weather events are some of how Middle Eastern nations are being affected by climate change. The scarcity of resources, ongoing wars, and other interdependencies make the decarbonization path in the area difficult. But a few nations have set lofty net-zero goals, prompting several big businesses to follow suit. A sustainable, diverse, and inclusive economy is the policy and initiative development goal. Countries ahead of the curve see this change as a chance to boost their economies and improve society.

As an example of leadership in climate change, Saudi Arabia established the Middle East Green Initiative (MGI) in 2021.³⁷ To combat climate change in a coordinated effort that meets the goals set forth by the Paris Agreement, MGI brings together regional nations that place a premium on cooperation. Reducing emissions, diversifying the economy, creating jobs, and encouraging private investment are all goals. A fair transition in the Middle East may be achieved via its implementation, which aims to enhance quality of life, protect future generations, and maintain global energy security.

The Middle Eastern economies are highly dependent on fossil fuels, making the transition to zero emissions particularly challenging for them. Meaningful conversations about the regional pathway’s structuring and the exploration of advantages beyond decarbonization are prompted by this change.³⁸ Diversification for a greener future needs to be equitable and welcoming to everyone. It is the responsibility of governments to guarantee development that is both sustainable and inclusive.³⁹ For example, the region’s water shortage is a direct result of climate change and population growth, and it is imperative to address this issue in the region’s net-zero plans. One possible answer is to increase investment in the water management sector to encourage water-efficient technology and sustainable farming practices.⁴⁰ Beyond decarbonization, these innovations may drive impact and provide additional advantages.

Energy justice framework in the Middle East region

The notion of energy justice, which originates in grassroots environmental and climatic justice movements,⁴¹ has gained traction in the Middle East.⁴² Researchers have used this idea to analyse energy regulations and identify inequities in the energy industry, which they then work to correct. Some have praised energy justice as an insightful analytical and conceptual tool, while others have emphasized its importance as a normative and evaluative contribution.⁴³ Energy policy may help ensure that conflicting interests are managed fairly by supporting legislative, judicial, and executive decision-making processes.⁴⁴ Rather than focusing on regulating particular technologies or parts of the energy industry, this idea is expected to steer regulatory efforts towards a more holistic viewpoint.⁴⁵ Focusing on managing energy resources in a way that is consistent with the interests of society helps achieve more effective energy regulation that goes beyond addressing isolated problems like supply security, economic considerations, or environmental reasons.

Regional collaboration is vital for securing energy fairness in the Middle East—a region full of intricate geopolitical tensions and economic gaps. Global economic laws can significantly influence either the support or opposition to these initiatives.⁴⁶ By establishing forums for teamwork, like climate clubs, international regulations can align the energy strategies of Middle East nations. This, in turn, cultivates a collective method of energy fairness! These forums promote shared investments in renewable energy systems, fair resource allocation, and joint actions against climate change. Nevertheless, these initiatives’ success relies heavily on local players’ readiness to collaborate. However, geopolitics will play its part in energy transition, and it depends on which way the wind blows.⁴⁷ Unfortunately, geopolitical frictions and clashing national goals may stand in their way. The scholars though stress that international economic law equips us with tools to guarantee that energy transitions likely to be unsustainable. However, tackling the demands of underrepresented communities is often hit hardest by energy creation and distribution.

This legal structure can lessen the dangers of widening inequalities and environmental harm, fostering a just energy resource distribution across the region. However, if these legal frameworks are not adequately enforced, they risk solidifying current power disparities. Thus, they could prevent the realization of genuine energy justice in the Middle East.⁴⁸

Resolving the region’s energy access challenges and climate change cannot succeed without pursuing social justice.⁴⁹ To deal with energy access issues or climate change concerns, several Middle Eastern countries are pursuing systemic energy transitions involving market-based policies like auctions. Undeniably, market-based mechanisms are essential for reducing energy prices and encouraging investments in renewable energy development. However, it is necessary to consider how market-based mechanisms affect the transition regarding democratic participation, accessibility, and all facets of energy justice. In addition, many Middle Eastern nations’ energy laws and regulations are poorly articulated or only exist to deal with a specific issue. This means they often do not comprehensively respond to justice concerns and struggle to balance the challenges of the various notions of energy justice.

It is essential to remember that a just energy transition strategy must consider the various facets of justice that assist multiple groups of people and state and non-state actors like development finance institutions, MNCs, and NGOs in formulating and enforcing policies and programmes. This strategy should, in theory, unite the various justice perspectives, such as (i) climate justice, which ensures equitable benefits and risks of climate change, (ii) environmental justice, which involves the creation and implementation of environmental laws and policies, and (iii) energy justice, which is concerned with the equitable distribution of the benefits and burdens of energy access and production from a human rights perspective. Because of the inevitable trade-offs in energy transition’s costs, benefits, and access to decision-makers, it is more important than ever that the process be fair. Therefore, given the apparent connections between energy and climate studies, it should contain justice-related aspects.

The energy justice framework is crucial for equitable energy systems since it helps nations make energy decisions that are more reflective of their populations. Different civilizations have different approaches to energy production and use, so it is crucial to centre conversations and policies around people rather than just resources, technology, or pricing, as pointed out by Agbaitoro.⁵⁰ Some researchers in the field have proposed a framework for energy justice that includes shifting to low-carbon energy sources in terms of energy production and emphasizing consumption-based issues to attain long-term energy efficiency.

Energy law researchers, like their counterparts in the fields of climate change and environmental law, have advocated for the need for separate guiding principles of law to guide debates in the energy sector.⁵¹ To aid in creating and enforcing legislation, regulations, and judicial judgments about energy law, Agbaitoro aimed to clarify guiding principles for energy law. This is crucial for establishing credible norms of ‘just outcomes’ and responsibility in the energy industry. Energy poverty and the politics of energy infrastructures are issues that have been addressed in drafting energy laws, policies, and regulations. However, Agbaitoro points out that we have now entered Stage 5, Energy Justice, to develop energy law.⁵² According to some experts, accomplishing a fair transition in energy systems necessitates a departure from the current paradigm and constructing of a new framework that promotes the rise of sustainable energy sources.⁵³ This framework should also seek to correct the unequal distribution of benefits and costs that result from such breakthroughs. Furthermore, it should be based on democratic ideals and have proactive decision-making procedures.⁵⁴

Energy justice is a framework for analysing the social aspects of energy systems and a tool for combining different types of justice. Since the energy lifecycle affects climate change and the economy, among other interconnected spheres, this perspective helps conceptualize SDG 7. Since the energy justice framework considers social justice issues, it may help Middle Eastern nations reach SDGs 7 and 13 by 2030. Energy justice entails three key aspects and eight guiding principles that reflect social justice concerns.

Governance of life-sustaining resources like food, water, and energy has far-reaching implications for economic stability and social fairness. Evidence reveals that these resources are not equally available to people of all genders, races, and socioeconomic backgrounds. Indeed, women are more vulnerable to the effects of climate change and less able to respond effectively to climate risks due to gender inequality, cultural norms, and socioeconomic vulnerability.⁵⁵ Similarly, minority groups have also been seriously impacted by climatic change.

Therefore, the energy transition framework promotes an approach to tackling distributive injustices by investigating disparities within energy and climate justice topics in many contexts. This is known as distributional justice. Climate change risk, accountability, energy affordability, and accessibility are among them. Therefore, concerns about the availability and cost of alternative energy sources are essential.

Meanwhile, procedural justice refers to genuine democratic methods utilized while formulating policies and the level of involvement by the relevant parties. The procedural aspect of justice emphasizes the value of open dialogue and representative decision-making. Those who will be most directly impacted by choices about energy access or climate change mitigation through energy transition must be part of those discussions. When evaluating a policy framework for its commitment to recognitional justice, special attention should be paid to how well it addresses the needs of disadvantaged populations and ensures that such populations have access to reliable, low-cost energy that complies with SDG 7.⁵⁶ Heffron and McCauley propose two additional dimensions of energy justice beyond the traditional three: cosmopolitan justice, which examines the integration of energy justice into the energy system at each stage of the energy life cycle, and restorative justice, which spans these various components to address the righting of wrongs committed against specific communities or individuals in the course of energy transmission.⁵⁷

The restorative justice perspective is valuable when evaluating the potential for redressing harms caused by energy transition initiatives. Compensation plans for those who suffer losses due to the transition should be a part of restorative justice. By incorporating the principles of restorative justice into policymaking, decision-makers may give due weight to a range of justice issues and guarantee that any wrongdoing caused by energy production is resolved.

By guaranteeing a fair and equitable decision-making process and results for all members of society throughout the energy cycle, energy justice may be a tool for balancing the energy sector’s conflicting goals for the greater good of humanity. By placing the Middle East’s energy access problems and climate action inside the energy justice framework, we can increase our attention to equitable transition strategies and, in turn, improve the region’s energy industry. The region may be able to do this by analysing the potential trade-offs and concentrating on the areas of synergy between SDGs 7 and 13.⁵⁸

Regional cooperation in achieving energy justice in the Middle East region

Ending energy poverty and boosting climate-resilient energy infrastructure development in the Middle East region will require more than the efforts of any one country. More regional collaboration is crucial to effectively address energy poverty and climate change in the Middle East. These nations can improve their access to clean energy, reduce pollution, and advance energy justice by working together and sharing resources, expertise, and technology.

Historically, nations in the Middle East region have depended significantly on oil and natural gas as their primary energy sources. Regional collaboration may help advance the research, development, and deployment of renewable energy technologies, including solar, wind, and geothermal, to diversify energy sources.⁵⁹ Countries can lessen their reliance on fossil fuels and speed up the transition to cleaner, more sustainable energy systems if they join forces to invest in renewable energy infrastructure. One expert thus observed:

For the Middle East, navigating this transition presents both challenges and opportunities. The region’s immense solar capacity, strategic geographic location, and existing energy infrastructure offer a solid foundation for becoming a powerhouse in renewable energy production and export. Embracing these assets, the Middle East can pivot from being primarily an oil exporter to a leading center for green energy, thereby maintaining its global energy significance in a low-carbon future. However, the success of this transformation depends on regional cooperation and strategic partnerships. The evolving relationship with China, driven by mutual interests in clean energy and infrastructure development, represents a shift in the geopolitical landscape. Yet, this does not imply diminished ties with Western nations. The Middle East’s engagement with Western technology firms and Western investment in clean energy sectors reflect a balanced approach, aiming to integrate the best of global innovations to fuel its sustainable development.⁶⁰

With the help of regional cooperation, nations may pool their energy resources and improve the efficiency of their energy infrastructure by trading and connecting across international borders. Countries with significant wind potential may import energy to meet demand during times of low wind, while nations with extensive solar resources can export extra energy to neighbours during peak production periods. Together, these efforts strengthen regional energy stability, expand access to renewable sources, and reduce the gap between supply and demand.

Countries working together on a regional level may more easily share information and expertise on renewable energy research and management topics. Additionally, clean energy development and management is a field that may greatly benefit from the sharing of information, expertise, and new technologies across regions. Countries can speed up their transition to clean energy and find solutions to shared difficulties by learning from and collaborating. Together, you can do more to advance renewable energy technology, from conducting research and development to establishing regional centres of excellence.

As pointed out before, countries might create climate clubs to advance their economic self-interests; they can set up emission trading allowances to prevent emission leakage by private firms. This approach assists in sustaining trade competitiveness between trading partners, especially in industrial production, by avoiding the setting up of operations in other regions that are beyond the regimes’ purview.⁶¹ California is one such jurisdiction that uses the leakage mitigation approach, where the emitters need to purchase cap-and-trade allowances to neutralize the emissions rate. This strategy could prove crucial in enabling Middle Eastern countries to grow their economies without compromising the environment.

Legal development in the Middle East countries

Legal changes in many nations, including Iran and other major Middle Eastern powers like Saudi Arabia and Iraq, must be analysed from the region’s renewable energy and energy justice perspective. With its varied environment and climate, the Middle East provides a unique potential for generating energy from various renewable sources.

The legal frameworks in Middle Eastern nations significantly influence how the area addresses energy justice. Researchers have thoroughly examined Iraq’s Environmental Protection Law.⁶² They spotlight its merits and flaws in fostering sustainable growth. Although the law marks a major advancement in ecological governance, it suffers from feeble enforcement measures and a lack of capacity to oversee adherence. These issues can cause inconsistent application, especially in underprivileged communities, thus jeopardizing the greater aims of energy equity.

Another research investigates how CSR practices can boost energy fairness. CSR can make a difference by ensuring that global companies in the energy and extraction sectors respect human rights and ecological standards.⁶³ When corporations weave CSR into their operations, they can aid in a fairer allocation of energy assets and lessen the adverse effects of energy creation. That said, the triumph of such ventures hinges on the strength of the legal frameworks steering CSR. Plus, it relies on the eagerness of businesses to elevate social and environmental priorities above mere profit.

The region’s government has historically prioritized fossil energy sources owing to their quantity and financial potential, making it challenging to promote renewable energy. Until the late 1990s, government papers lacked explicit policies and standards for renewable energy, which slowed down advancement in this field.⁶⁴ The cheap energy cost from fossil sources in Iran has reportedly dissuaded stakeholders, such as managers, public officers, artisans, and consumers, from investing in renewable energy.

Environmental problems were addressed in Iran’s first major policy paper on renewable energy, issued in 2000. It prioritized growing the percentage of renewable energy sources, concentrating on hydroelectricity, and obtaining technology and expertise connected to new energies like wind, solar, fuel cells, and geothermal energy.

The replacement of fossil fuels with firewood was the primary objective of the Fifth Five-Year Economic Development Plan (2011–2015), which gave very little attention to renewable energy ambitions. The Sixth Five-Year Economic Development Plan (2017–2021) was a watershed moment since it required the government to prioritize private investment in renewable and clean power facilities. The target was for renewable energy to account for at least 5 per cent of the country’s total power production by 2020.

Chapter 10 and Articles 61 and 62 of the Energy Model Reform Act of 2011 detailed the promotion of renewable energy and the development of nuclear power. Wind, solar, geothermal, small-scale hydropower plants, marine, and biomass were all included in the list of renewable energy sources the Ministry of Energy promoted.⁶⁵

Long-term contracts were developed to ensure the purchase of renewable power producers outside of government to support these initiatives. The Energy and Petroleum Ministries also encouraged the cost-effective installation of renewable energy technologies, including solar water heaters, wind turbines, and photovoltaic systems.

Iran committed to increasing its renewable energy and hydropower capacity by 5 per cent by 2021. A small-scale renewable energy initiative was launched to encourage private sector investment in micro- and small-scale power production projects using diverse renewable sources.⁶⁶ Numerous power plants and generators were built due to these regulations, which helped increase energy production, minimize electrical network losses, and lower carbon dioxide emissions.

In addition to saving water, creating jobs, attracting non-governmental investments, and decreasing pollution, Iran gained from enhancing its energy structure and efficiency. The Sustainable and Renewable Energy Development Organization (SATBA), which managed various power plants and generators, was instrumental in this development.

Energy justice and Environmental International Law would benefit significantly from Saudi Arabia’s ambitious objective of generating 50 per cent of its energy mix from renewable sources by 2030. Its commitment to diversifying its energy supply is seen in the sizeable 22.8 GW of renewable energy projects in different stages of construction nationwide. Aligning with international efforts to address climate change, this action marks a step towards lowering greenhouse gas emissions and lessening the environmental effects of conventional energy sources.

In this regard, the Saudi Ministry of Energy’s General Director of Renewable Energy Policies provided some illuminating background. Notably, 2.8 GW of renewable energy is anticipated to become operational by the end of the year, suggesting a clear commitment to quick action.⁶⁷ In addition, another 4 GW will soon begin construction, and another 8 GW will quickly enter the execution phase after Power Purchase Agreements (PPAs) are signed. Saudi Arabia is committed to diversifying its energy sources and decreasing its reliance on fossil fuels, as seen by its multipronged strategy.

Notable progress towards a more sustainable energy future may be seen in the intention to tender another 8 GW of renewable energy projects. These solar and wind energy installations are spread around the Kingdom to maximize output while satisfying local demand. This method advances renewable energy and addresses energy justice by distributing benefits throughout Saudi Arabia.

Saudi Arabia is willing to adapt to shifting energy landscapes by investigating various technologies, including battery storage, pumped hydro storage, and geothermal technology.⁶⁸ The Kingdom is setting itself up to fulfil national objectives successfully by evaluating multiple technologies, including lithium-ion and vanadium redox batteries. The flexibility and openness reflect this analytical approach to optimizing renewable energy potential.

One remarkable facet of Saudi Arabia’s approach to renewable energy is hydrogen’s central position in the country’s decarbonization efforts. Hydrogen’s prominence highlights the Kingdom’s commitment to investigating novel approaches to ensuring a sustainable future. While the move to clean energy has many benefits, it is not without difficulties, as seen by the recent worldwide uptick in renewable energy projects and functional concerns such as cloud cover damaging solar panels and low wind conditions harming wind energy projects.⁶⁹ As a result of these obstacles, it is crucial to create thorough plans and legislative frameworks to deal with energy fairness and environmental sustainability.

In recent years, Iraq has achieved significant progress in renewable energy and energy justice related to international environmental law. The government understands the need to move to a cleaner, greener energy system while ensuring citizens fairly share this change’s benefits.

The Iraq Renewable Energy Strategy represents a significant shift in policy. This plan, released in 2019, provides a detailed guide for expanding the use of renewable energy. It sets lofty goals for increasing the use of renewable energy throughout the country, particularly wind and solar. Iraq plans to reduce fossil fuel usage and greenhouse gas emissions through international environmental legislation treaties like the Paris Agreement.

Iraq has been working on an inclusive framework to promote energy justice, guaranteeing that the country’s varied population receives a fair share of the advantages and possibilities available. Equitable access to affordable energy is critical in the Middle East, where energy access and cost gaps may exacerbate existing social and economic disadvantages.⁷⁰ The Iraqi government has implemented several projects to promote energy justice, combat energy poverty, and provide access to clean energy.

Iraq has also undertaken regulatory changes further to stimulate private sector involvement in renewable energy projects. With the help of these changes, the implementation of renewable energy sources may go forward more quickly. Iraq’s goal of creating economic possibilities and driving innovation by promoting a competitive and open market for renewable energy is consistent with the principles of international environmental legislation that aim to promote sustainable development.

However, some obstacles must be overcome on the path to energy justice and adopting renewable energy sources. Security concerns, political instability, and a lack of financial resources may thwart Iraq’s ambitious aspirations. In addition, the legal framework must be implemented appropriately, and energy justice must be achieved, which calls for capacity development and institutional strengthening.

Iraqi environmental law

A critical analysis of the Iraqi legal framework and energy justice in environmental protection law of 2009

Regarding addressing environmental problems and supporting sustainable development, the Iraqi Environmental Protection Law of 2009 is a huge step forward. This law ensures future generations’ well-being by preserving natural resources and enhancing environmental quality.⁷¹ Examining the provisions of this legislative framework in light of renewable energy and energy justice is vital for evaluating its efficacy.

Creating a Council for the Protection and Improvement of the Environment inside the Ministry of Environment represents a centralized approach to environmental governance. However, concerns have been raised concerning the efficiency of cross-departmental cooperation and the independence of provincial councils. Coordination is crucial to the success of environmental projects. Thus, it is essential to assess whether or not current efforts to work together improve environmental protection overall.

It is encouraging that polluting areas are focusing more on clean technology and appropriate environmental regulation. However, questions remain concerning the capability of local authorities, the transfer of necessary technologies, and the availability of essential resources when these instructions are implemented. How these areas adjust to the suggestions and whether or not barriers limit the full integration of clean technology should be the subject of a rigorous evaluation.

Pollution monitoring devices and the pursuit of renewable energy technology support global environmental objectives. However, further research is required to determine whether or not these technologies are available in all parts of Iraq. Energy justice advocates fair sharing of environmental benefits and liabilities.⁷² Therefore, it is essential to research whether there are inequalities in using green technology that might result in ecological injustices.

The necessity for an environmental impact assessment for new projects is a good step towards sustainable development.⁷³ However, the success of these evaluations hinges on how strictly their results are followed. Assessing the efficacy of environmental impact assessments and how they have affected project choices may be the subject of a critical examination.

Legal safeguards are essential to preventing oil and gas operations from damaging the environment. Considering Iraq’s dependence on oil exports, evaluating how well the country’s sectors protect the environment is essential. This process includes sanctions for infractions and creating an environmental protection fund.

The Iraqi Environmental Protection Law of 2009 is a watershed moment in the country’s history of environmental protection legislation. The focus of this law on right-based litigation is noteworthy because it would enable people and communities to seek redress in court for environmental losses they have suffered. This critical study addresses the merits and limits of the right-based litigation framework within the Iraqi Environmental Protection Law setting.

An admirable dedication to democracy and respect for people’s rights to a healthy environment is shown in the Iraqi Environmental Protection Law’s adoption of right-based litigation.⁷⁴ The legislation offers a framework for grassroots advocacy and civic involvement in environmental conservation by permitting people and communities to commence legal proceedings against environmental offenders.

Furthermore, the right-based litigation framework advances accountability by making public and private institutions answerable for environmental harm. This system has the potential to serve as a deterrent, resulting in more environmental regulatory compliance and a more responsible attitude on the part of business leaders.

However, the efficacy of right-based litigation in the Iraqi Environmental Protection Law is not without challenges. Legal proceedings may be time-consuming and expensive, preventing those from more economically disadvantaged backgrounds from engaging. Moreover, litigation’s efficacy relies on the court system’s ability and independence, which may vary throughout Iraq. Furthermore, there may be variations in the execution of the legislation due to its lack of detail in describing the procedural features of right-based litigation. Establishing transparent standards and methods for settling disputes might improve the effectiveness of the law’s application.⁷⁵

While the inclusion of right-based litigation in the Iraqi Environmental Protection Law is a significant step towards democratizing environmental governance, special attention must be paid to overcoming the issues connected with its implementation. The entire potential of this legislative tool to protect Iraq’s environment for future generations depends on striking a balance between empowerment and procedural clarity.

Critical analysis of right-based litigation of Kurdistan Region Environmental Protection Law 2008

Important legislation in the Kurdistan Region that addresses environmental problems is the Kurdistan Region Environmental Protection Law of 2008. The area’s dedication to sustainable development and the preservation of its distinctive ecology is reflected in this law. The legislation is noteworthy in adopting a rights-based approach to environmental conservation. The Act creates a legal framework for people to seek remedies for ecological damage by recognizing their right to live in a healthy environment. This strategy aligns with current developments in international environmental legislation, which are moving towards a more people-centred focus on protecting their ecological rights.

However, problems occur when putting these rights into practice. Access to legal remedies and the court system’s ability to handle environmental disputes are crucial to the success of right-based litigation. A thorough analysis of the legal procedures involved in environmental lawsuits under this law is essential to evaluate the legislation's actual effect on safeguarding the environment and respecting people’s rights.

Furthermore, the Kurdistan Region Environmental Protection Law 2008 should be reviewed in light of new environmental concerns. Given the transboundary nature of environmental problems, the law should be flexible enough to address challenges worldwide. Evaluating how well the law adapts to new ecological issues and solves them is integral to any critique.⁷⁶ There should also be consideration given to NGOs and civil society’s role in carrying out this legislation. The legislation’s success in encouraging public engagement and guaranteeing openness in environmental decision-making may be gauged by examining their level of participation.

Critical analysis of Saudi Arabia’s environmental laws

A major strategic problem for Saudi Arabia is the ambition of worldwide decarbonization and climate action. Reducing global oil consumption severely threatens the Kingdom’s patronage-driven political structure and economy. Concurrently, it is especially susceptible to heightened warming due to its arid landscape and severe temperatures. Saudi Arabia has taken several measures to ensure the continued sustainability of its economy and oil reserves in the face of severe threats from climate change⁷⁷ and peak oil demand.⁷⁸

One country that exemplifies a petrostate more than any other is Saudi Arabia. In 2016, oil exports accounted for 40 per cent of GDP, 75 per cent of export receipts, and over 60 per cent of the national budget. Thus, energy policy is divided into two parts: one dealing with international issues like oil pricing and exports and the other with local issues like ensuring an adequate supply for national growth and citizen well-being. A well-known aspect of Saudi Arabia’s foreign activity is its assumed leadership position within the OPEC cartel, which stands for the Organization of the Petroleum Exporting Countries. The Kingdom’s goals as an exporter and member of OPEC have been to optimize oil supplies and pricing and ensure that oil continues to serve as the principal fuel for global transportation for the foreseeable future. This section focuses on the environmental policy landscape in the Kingdom of Saudi Arabia.

Existing laws and regulations governing the energy sector

Even among Arab autocracies with a Muslim majority, Saudi Arabia’s judicial system stands apart. Islamic sharia law is the supreme authority in all spheres of society and law, including civil and criminal proceedings. Nothing in this country’s constitution is codified in stone; instead, it is based on oral traditions passed down through generations, the Quran, and the precedents set by earlier cases of interpretation enforcement (Wilton 1988). The building bodies of case law have relegated Sharia principles to secondary positions outside of Saudi Arabia.

An informal group of sharia experts known as the ulama advise the Saudi judiciary and its courts on matters of law. Instead of subscribing to the state’s power, judges saw themselves as exercising divine authority. The legal code and its particulars are still unwritten. When it comes down to it, religious and secular elements of government mix. Examples of the ad hoc nature of Saudi enforcement measures include the 2017 imprisonment of elites who participated in corrupt activities by an anti-corruption commission.⁷⁹ They detained several of them until they paid hefty fees. Human rights organizations noted that the crown prince’s political opponents were the targets of the detentions, and the evidence against them was kept secret (Human Rights Watch 2017).

Energy policy is governed by Articles 14 and 15 of the Basic Law of Governance of the monarchy. The 14th Article says ‘All natural resources bestowed by God, both under or above ground, of the country or in its territorial waters, or within its terrestrial and maritime limits, as well as the revenues of these resources shall be owned by the state as specified by the law’. That ‘not any concession or any permission shall be given for the utilization of any of the country's natural resources, except as permitted by the law’ (Ministry of Foreign Affairs, Saudi Arabia 2011) is a provision in Article 15 that is directed against foreign concession-holders.

Recent changes in energy policymaking

Following King Salman’s accession in 2016, the Saudi Arabian energy policymaking environment underwent a sea change. The government restructured the ministries in charge of the water, energy, and environment portfolios at that period. Since the 2016 reorganization, Ali al-Naimi has been in charge of the upstream oil and gas portfolio at the Ministry of Petroleum and Mineral Resources.⁸⁰ Producing enough oil for export and overseeing foreign market strategies were the responsibilities of this ministry.

The Saudi oil ministry was beset by problems throughout Naimi’s tenure as minister due to the subsidized price of exportable oil and gas, which fuelled rapid domestic consumption growth. No government agency was responsible for the vital matter of demand management. It was Al-Naimi’s experience that his ministry was at odds with others concerned with energy, most notably Abdullah al-Hasin’s Ministry of Water and Electricity (MOWE). It didn't matter to MOWE how it affected oil exports; their mission was to satisfy local demand for water and energy. Crude oil, diesel, and heavy fuel oil were in high demand as power output grew under MOWE. During the summer, the power sector’s oil consumption surpasses 900,000 b/d.

Retail pricing for energy goods and services and bulk prices for transportation and industrial fuels increased in 2016 as part of the Saudi government’s extensive reform of energy subsidies. Around the same time, al Hasin was fired, and MOWE was disbanded. In a recent shakeup, the government tasked the newly formed Ministry of Environment, Water and Agriculture (MEWA) with supervising water management. Resource preservation and conservation now rank high on MEWA’s new mission statement. An energy “super-ministry,” the Ministry of Energy, Industry and Mineral Resources, was established and given responsibility for the power portfolio. One of the most renowned administrators of the kingdom’s oil industry, Khalid al-Falih, a former CEO of Saudi Aramco, was appointed to succeed al-Naimi, who is retiring.⁸¹

Upstream oil and gas production, export market strategy, domestic distribution, and demand management are now all within the purview of the enlarged energy ministry. The energy ministry performs subsidized fuel and power pricing, Saudi climate policy, the kingdom's involvement in OPEC, and worldwide policy towards refining and petrochemicals. Saudi Arabia hopes to reduce energy use at home with these modifications. While attempting to avoid conflicts between Saudi demand, exports, and the industrial plan supporting the kingdom’s GDP, the ministry may meet domestic needs.

OPEC’s operational processes and Saudi Arabia’s status within the organization have seen changes recently. The market influence of OPEC has been diminished due to the advent of US shale oil production, which has increased global supply by about 6 million b/d. In 2016, the Saudi cartel collaborated with Russia to impose production limitations sufficient to boost global oil prices, as the autonomy of Saudi leadership in the market was curbed by the quick expansion of US supply. Two factors work against OPEC: US shale oil supplies’ quantity and price elasticity. Shale output would likely rise enough without Russian intervention in response to OPEC cutbacks to offset most of the price gain. Like in 2016–18, when massive production cutbacks drove up oil prices, OPEC and Russia lowering output combined may reduce world supply more than shale can replace.⁸² Among the geopolitical drawbacks of the shale revolution for the US has been to encourage stronger ties between Russia and Saudi Arabia. These two nations have been at odds since the Soviet Union's antimonarchy and atheist fundamental beliefs.

Alomari (2023) sheds light on the changing environmental legislation and climate change objectives of Iran and Saudi Arabia. The ‘Vision 2030’ national strategy of Saudi Arabia seeks to lessen the country’s reliance on oil, lessen the impact of climate change, and move towards a more sustainable future. The report includes critical legal environmental concepts such as precaution, polluter pay, and sustainable development in Vision 2030.⁸³ It concludes that these concepts might be developed further into Saudi law and government but are not now deeply ingrained. Inadequate monitoring of industrial pollution and ineffective enforcement procedures are examples of how the polluter pays concept has been suboptimally implemented.

However, there will be significant changes according to Vision 2030; in 2020 and 2021, Saudi Arabia enacted new environmental laws that finally included these ideas.⁸⁴ Change is on the horizon, as other rules address pressing environmental concerns, including air pollution, soil contamination, and environmental auditing. According to the author, Vision 2030 is a driving force behind making environmental ideals a reality in Saudi Arabia.

Saudi Arabia was involved in the negotiations to decrease fossil fuel consumption at COP28, according to Harro van Asselt (2023). A first in decision-making history, the document refers to phasing out fossil fuels to limit warming to 1.5°C. But it does not include any binding objectives and does not include ‘transitional’ fuels like gas. By forcing countries to account for their promises in climate policy updates, COP28 strengthens domestic efforts to phase out fossil fuels.⁸⁵ This also maintains legal objections to projects using fossil fuels.

Critical analysis of Iran’s environmental laws

Air pollution, water shortages, desertification, and other environmental concerns have recently gained more attention in Iran. Every aspect of society, from the economy to the environment, is affected by these problems to varying degrees. From the start, environmental executive journalists, activists, and scientists from within and outside Iran believed terrible governance persisted for decades. They hope that decision-makers and the public will take notice and work to create an accountability protocol that considers the interconnected issues of development plans, climate change, adaptability, and resilience, as well as the needs of future generations in planning for economic growth and development. The country is obligated to strengthen environmental protection policy governance to save our planet for the benefit of generations to come.⁸⁶ There are a lot of environmental issues in Iran because of the poor management of environmental protection regulations. Air pollution, water contamination, soil deterioration, and other environmental challenges have occurred because the government has not enforced effective rules and implemented sustainable practices.

Concerns about air pollution rank high among Iran’s environmental problems. The country’s air pollution levels are among the highest in the world, with several cities having particle matter (PM) levels that are beyond the criteria set by the World Health Organization (WHO). Pollutants in Iran’s air mainly originate from factories, cars, and dust. Many diseases and conditions have been linked to this pollution, including cancer, heart disease, and respiratory illnesses.⁸⁷

Dust storms have been more frequent and had a greater influence on the population in the last several years, especially in the nation’s southern, southwestern, and eastern regions. The air quality in major cities has been significantly affected in recent times, especially during the winter seasons, due to power plants switching from gas to fuels with high amounts of sulphur and nitrogen.⁸⁸

Water shortage is another significant impact on Iran’s ecology. Due to inadequate management of water resources and excessive pumping of groundwater, certain areas of the nation are experiencing declining water levels, causing a severe water crisis. Both public health and food safety are significantly affected by this. Natural catastrophes such as ground subsidence, deforestation, and soil erosion, as well as other complicated issues, may inflict harm to structures and infrastructure. These consequences are multidimensional and encompass the amount and quality of the water delivered.

Illegal development projects and deforestation have led to the loss of much water and forest cover in Iran in the past several years. Due to this, biodiversity will dramatically decline, putting many animal and plant species at risk of extinction. Soil erosion and landslides are two other ways deforestation harms agricultural areas and infrastructure.

Damage to Iran’s ecosystem is primarily attributable to the country’s oil and gas sector. The industry has escaped responsibility for the damage it does to the environment even though it contributes significantly to the national coffers. The government’s efforts to curb the industry’s environmental impact have been ineffective. Because of this, air pollution has persisted in increasing in several American cities. Urbanization is another crucial factor that is causing the environment to deteriorate. Construction and traffic have surged due to a lack of planning and rapid urbanization, exacerbating air pollution and placing more strain on the country’s water supplies.

According to the United Nations (UN), sustainable development satisfies current demands without jeopardizing future generations’ capacity to do the same. To do this, thinking about the economy, society, and the environment is necessary. Economic sustainability is about creating wealth and job possibilities while preserving financial stability. A more equitable and fair society is one in which people's living conditions are improved and poverty is reduced; this is what we mean when discussing social sustainability. Reducing emissions of greenhouse gases, conserving natural resources, and encouraging conservation activities are the three central tenets of environmental sustainability, which aims to safeguard and preserve the environment.⁸⁹

Protecting Iran’s natural resources and fostering sustainable development are the goals of environmental law, a dynamic and intricate area with both strong points and significant weaknesses. Notwithstanding these efforts, the existing legislative framework has several inadequacies that make it challenging to provide adequate environmental protection and promote environmental justice in Iran. A significant shortcoming of environmental legislation in Iran is the absence of all-encompassing and coordinated regulations. There is a lack of cohesion in the country’s environmental legislation, and many departments are responsible for protecting the environment. Because of this, stakeholders may have trouble understanding their legal duties and responsibilities, and rules and laws may become inconsistent. There are also insufficient enforcement tools, which is a deficiency. Despite several environmental laws and regulations, the country's enforcement capability is severely lacking, and the results of enforcement attempts are often unsatisfactory and uneven.⁹⁰ Degradation and contamination of the environment may result from people failing to follow environmental rules.

The uneven distribution of environmental damages is one of Iran’s issues in pursuing environmental justice. Ecological deterioration and pollution disproportionately burden low-income and marginalized groups, who may lack legal recourse to redress these consequences. It will need a long-term, all-encompassing effort by the Iranian government and others to promote environmental justice and address these injustices.

Addressing the threats caused by environmental deterioration requires vigilant environmental monitoring and preservation efforts. There must be efficient environmental monitoring and preservation programmes to lessen the blow of climate change, biodiversity loss, and other environmental disasters in the decades to come. Water management and governance are crucial concerns in Iran due to the country's shrinking water supply and growing demand for water. Significant concerns about water shortage and depletion and the environmental repercussions pose severe challenges to Iran’s future growth. Due to the country’s diminishing water supply and the ever-increasing needs for urbanization, agriculture, and industry, water shortage poses a serious threat to Iran. Iran must strengthen its water management and governance systems to counteract these threats. Some examples of this approach include funding research into water efficiency and conservation measures, encouraging responsible water use, and enacting strong water laws and regulations. Iran should also work with its neighbours to ensure the sustainable management of transboundary rivers, aquifers, and other shared water resources.

Improving the quality of life for current and future generations in Iran is as simple as implementing some of the finest practices already used in Europe. Some of the most essential things Iran can take away from Europe are their policies on renewable energy, waste management, sustainable transportation, protecting species and their habitats, and managing resources effectively.⁹¹

Protecting the environment for the sake of future generations requires swift action from the government in the form of rules, sustainable practices, and environmental protection measures. Addressing the threats caused by environmental deterioration requires vigilant environmental monitoring and preservation efforts. We will need effective policies in the following decades to lessen the effects of climate change, biodiversity loss, water shortages, and harmful chemical usage. Sustainable development is one of the most critical parts of Iran's development strategy. Environmentally friendly development, citizen well-being, and resource preservation for future generations may be achieved if Iran prioritizes the three essential dimensions of economic, social, and environmental sustainability. Iran may become a sustainable development leader with the correct policies and programmes, setting an example for other nations.

To assist legislators in adapting and modifying regulations, Abangan, in conjunction with environmental scientists, activists, journalists, and environmental law firms, intends to conduct a thorough evaluation of the present state of affairs, pinpoint areas of strength and improvement, deliberate over the results, and formulate strategies for doing so.⁹²

United Nations climate change conference

COP 28: an overview

COP28 was the 28th annual UN climate meeting, where the government discussed how to prepare and mitigate future climatic changes. In the meeting, the countries agreed to triple the use of renewable energy. Over two hundred countries have reaffirmed their commitment to tripling their renewable energy capacity by 2030.⁹³ According to the countries, reducing dependence on fossil fuels is the only sure way to mitigate the climate change catastrophe. Fossil fuels are responsible for over 90 per cent of carbon emissions. Most heat and electricity are reliant on these fuels.

Similarly, energy used in the agricultural sector, manufacturing, and transport are from burning fossil fuels. Even though the agreement does not explicitly call for phasing out coal, gas, and oil, it is the first of its kind. The deal signifies world commitments towards reducing carbon emissions. The countries are focused on rallying resources to increase renewable energy production. According to the agreement, to accelerate the renewable energy transition, the countries must work together to hit 11,000 GW by 2030 and double annual energy production efficiency to 4 per cent every year till 20230.

The deal is attributed to the several summit leaders who have been championing increasing renewable energy to cut down on fossil fuels. According to the International Energy Agency (IEA), by 8th December, more than 130 had signed up for the agreement. The commitment represents one of IEA’s five pillars: 1.5°C (2.7°F) by 2030. The signatories are accountable for approximately 40 per cent of the carbon emissions witnessed today and are among the biggest producers of fossil fuels.

China and India, accused of being the biggest emitters, are part of the signatories. The countries have pledged to increase their renewable energy use. India has been ranked as the third largest renewable energy market behind the USA and China. On the other hand, China is the largest producer and exporter of electric vehicles, batteries, and wind turbines. In 2022, 50 per cent of China’s electricity production was from non-fossil sources. Middle Eastern countries, especially Iran, Iraq, and Saudi Arabia, are top oil and gas exporters and have also demonstrated their commitment to the deal. The countries are on an ambitious plan to produce 80 per cent of electricity using non-fossil fuels.

Tripling renewable energy by 2030 is possible since there is a growing demand. The cost of producing electricity using renewable sources has decreased significantly over the past decade. None of these, though, are assured to happen by 2030.⁹⁴ The cost of building renewable power plants and the infrastructure that goes along with them, such as storage facilities and distribution networks, varies significantly between nations due to legislation and the price of labour, money, land, and material inputs.

Legal analysis of COP28

Scepticism is warranted about fulfilling the COP28 agreement’s high expectations for doubling renewable energy worldwide, particularly in the oil-rich Middle Eastern area. The lack of legal force in the deal makes it difficult to hold fossil fuel interests accountable and might impede any severe effort at change.⁹⁵

Global demands to plan an equitable transition away from their economic foundations were met with strong opposition from the UAE and Saudi Arabia, who were instrumental in opposing strong rhetoric to phase out fossil fuels. A lack of confidence regarding fulfilling renewable commitments results from placing short-term profitability ahead of climate imperatives: the motivation to keep exporting hydrocarbons is considerable so long as there is no outside pressure or legal means to enforce this.⁹⁶

Also, the accord only commits to fossil fuel transitions in ‘energy systems’, which leaves the heavy industries, chemical, and transportation sectors unclear regarding transformation. Because of this, nations like the UAE may make little investments in energy and yet declare victory in the climate crisis, all while allowing nearby companies with heavy emissions to continue expanding at their typical rate.⁹⁷

The Middle Eastern delegates were successful in weakening the agreement. Still, the worldwide trend away from hydrocarbons and the steep fall in the price of renewable energy could propel change on their own. But the world risks slipping behind the 1.5C trajectory without enforceable objectives and phase-out orders. Regarding the law, the region’s petrostates are free to be stubborn about responding to the climate crisis because of the aspirational wording in COP28. More robust enforcement mechanisms and legal frameworks are necessary to make the renewable capacity development and fair transition that the Middle East has promised a reality.

Conclusion

When seen through the prism of international environmental law, the relationship between human rights, sustainable development, and the search for clean energy in the Middle East becomes clear. The region’s complex social and political structure, with its different rates of economic development and environmental threats, calls for an all-encompassing approach.

Human rights frameworks are critical in the Middle East, where right-based litigation has become a potent weapon for promoting environmental justice. The victims of environmental destruction may hold governments and corporations to account, pursue legal remedies, and advance sustainable development with the help of these frameworks. The efficacy of such litigation rests on the availability of legal instruments, judicial independence, and the acknowledgement of environmental rights within national legal systems.

Tapping into the Middle East’s vast solar and wind resources and clean, renewable energy is a significant answer to the region’s environmental challenges. The shift from fossil fuels to sustainable energy sources requires substantial investments in clean technologies and robust regulatory frameworks. This shift reduces air pollution and greenhouse gas emissions while boosting economic development and creating green job opportunities.

While generalized evaluations and policy changes are necessary, the specific difficulties encountered by countries in the Middle East, such as Iraq, Saudi Arabia and Iran, call for special attention. In the past, fossil fuels have been prioritized above renewable energy sources, and it was not until the late 1990s that specific laws supporting renewables were put in place. There has been a trend towards sustainability, as seen by Iran’s efforts to expand its use of renewable energy and hydropower. The three major prospective renewable energy resource-rich countries in the Middle East, a region that traditionally hosts almost half of the world’s proven oil reserves and more than a third of its gas reserves, can make significant contributions to the net-zero emission movement by progressively embracing renewable energy and moving away from fossil fuels in the years to come.

When solving environmental issues and encouraging long-term growth, the Iraqi Environmental Protection Law of 2009 is a massive step in the right direction. Establishing a Council for the Protection and Improvement of the Environment reflects a unified strategy for ecological governance. However, continual assessment is required due to worries about interdepartmental collaboration and provincial council independence.

While it is encouraging that efforts are being made to promote the use of clean technologies and adequate environmental legislation in polluted regions, doubts remain concerning the competency of local authorities and the successful transfer of critical technologies. Thorough assessments are required to determine whether there are hurdles to completely integrating clean technology and how regions adjust to environmental ideas.

The COP28 has reaffirmed over 130 countries’ commitment to reducing carbon emissions by tripping renewable energy production by 2030. Seeing many people working towards worldwide pollution monitoring and alternative energy goals is encouraging. However, further study is needed to ascertain whether these technologies are available across Middle Eastern countries to uphold energy justice principles via the equitable distribution of environmental gains and burdens.

Footnotes