This book critically analyses the prospects of overhauling the legal framework of climate change regulation of corporations in African state. It adopts the dilute interventionism regulatory framework to tackle the culture of regulatory resistance by corporations in Africa.
Over the course of this volume, Kikelomo O. Kila critiques the climate change legal framework in all 53 African states and conducts an in-depth case study of the two largest economies in Africa – Nigeria and South Africa – to highlight the commonality of the problems in Africa and the potential for the dilute interventionism paradigm to significantly address these problems. The book establishes why African states should directly intervene through legislative mechanisms to compel corporations to incorporate climate change mitigation in their business activities. It proposes that this direct intervention should comprise a blend of prescriptive and facilitative mechanisms structured in a dilute interventionism regulatory model. Overall, this volume argues that implementing this model requires the institution of a strong and independent regulator with a veto firewall protection system that guarantees its de facto independence from government and external influences.
Corporate Regulation for Climate Change Mitigation in Africa will be of great interest to climate change stakeholders at the international, regional, and domestic levels, policymakers, regulatory practitioners, and legal experts on corporate regulation. It will also be an insightful resource for students and scholars of climate change and environmental law, policy, and governance.
Author(s): Kikelomo O. Kila
Series: Routledge Research in Sustainability and Business
Publisher: Routledge/Earthscan
Year: 2022
Language: English
Pages: 292
City: London
Cover
Half Title
Series Information
Title Page
Copyright Page
Dedication
Table of Contents
Figures
Tables
Statutes
Acknowledgements
Abbreviations
Introduction
Significance of the Book
Structure and Outline of the Book
Note
1 Role of Corporations in Climate Change Mitigation
The Global Climate Emergency
Corporate Circumvention of Global Climate Change Mitigation Efforts
Role of Corporations in Climate Change Mitigation
Impacts of Climate Change On Corporations
Corporate Contributions to Climate Change Mitigation
Corporations as Major Carbon Emitters
The Blight of Corporate ‘Greenwashing’
Impact of ‘Greenwashing’ On Climate Change Mitigation
‘Greenwashing’ Caused By Weak Corporate Regulation
Corporations as Innovators of Mitigation Tools
‘Green Capitalism’ – A Good Approach?
Shortcomings of ‘Green Capitalism’
Conclusion
Notes
References
2 Theories of Corporate Regulation in Climate Change Mitigation
Introduction
The Responsive Regulation Theory and the Enforcement Pyramid
Regulatory Enforcement Pyramid
Benefits of the Responsive Regulation Theory
Shortcomings of the Responsive Regulatory Theory in Africa
The ‘Regulatory Society’ Approach to Responsive Regulation
Shortcomings of the ‘Regulatory Society’ Approach in Africa
The ‘Bounty Hunting’ Approach to Responsive Regulation
Shortcomings of the ‘Bounty Hunting’ Approach
Other Corporate Regulatory Theories On Intervention Strategies
Smart Regulation Theory
Problem-Based Regulatory Theory
Risk-Based Regulatory Theory
Proposing an Innovative Regulatory Theory
Conclusion
Notes
References
3 Dilute Interventionism and the ‘Culture of Regulatory Resistance’ in Africa
Introduction
The Corporate ‘Culture of Regulatory Resistance’ in Africa
Dilute Interventionism as a Legal and Regulatory Paradigm
Inverted Enforcement Pyramid of Dilute Interventionism
Structure of the Dilute Interventionism Inverted Pyramid
First Step
Second Step
Subsequent Steps
Final Step
Features of the Dilute Interventionism Model
Licensing as a Dilute Interventionism Regulatory Tool
Understanding Dilute Interventionism Through Behavioural Science
Implementing the Dilute Interventionism Model: A Case Study of Nigeria’s Banking Sector
Conclusion
Notes
References
4 Dilute Interventionism, Problem-Based Regulation, and Climate Change Mitigation
Introduction
Applying Dilute Interventionism Model to Climate Change Regulation of Corporations
First Reconfiguration
Second Reconfiguration
Third Reconfiguration
Conclusion
Notes
References
5 Dilute Interventionism and Framework Climate Change Legislation
Introduction
Framework Climate Change Legislation
A Well-Structured Regulatory Space
Single and Independent Climate Change Regulator
Single Regulator Or Network of Regulators?
Network of Regulators
Single Regulator
Factors Determining the Choice
Ministerial Regulator Or Independent Regulator?
Proposing an Autonomous Regulator
Instituting a Mix of Prescriptive and Facilitative Tools
Conclusion
Notes
References
6 ‘Veto Firewall’ System and Technical Competence of the Climate Change Regulator
Introduction
Veto Players
Veto Firewall
Single- Or Dual-Tier Veto Firewall System
Veto Firewall Protection in Practice
Technical Competence of the Climate Change Regulator
Outsourcing of Technical Regulatory Functions
Challenges to Outsourcing of Technical Functions
Conclusion
Notes
References
7 Enforced Co-Regulation and the ‘Carrot and Stick’ Approach in Climate Change Regulation of Corporations
Introduction
Definition and Scope of Regulation
Regulatory Objectives in Climate Change Mitigation
‘Grasping Opportunities’ as a Corporate Regulatory Objective in Climate Change
Compliance and Enforcement Issues in Corporate Regulation
Regulatory Interventions and Corporate Involvement in Climate Change Mitigation
Prescriptive Corporate Regulation and Its Shortcomings
Regulatory Governance and Facilitative Regulation of Corporations
Conceptualising Regulatory Governance
Outcome-Orientated Standards
Advantages
Shortcomings
‘Nudge’ as a Facilitative Tool
Facilitative Approaches
Shortcomings of Prescriptive Approach in Climate Change Regulation of Corporations
‘Carrot and Stick’ Regulatory Approach
Designing a Regulatory Framework for Corporate Regulation in Climate Change Mitigation
Self-Regulation
Co-Regulation
Co-Regulatory Framework in the Climate-Change Context
Conclusion
Notes
References
8 Alternative Regulatory Frameworks for Corporate Participation in Climate Change Mitigation
Introduction
Judicial Regulation of Corporations in Climate Change
Forms of Climate Change Litigation
Climate Litigation Against Governments
Climate Litigation Against Corporations
Judicialisation of Corporate Regulation in Climate Change
Weakness of Judicial Regulation of Climate Change Mitigation
Weakness of Judicial Regulation of Corporations in Africa
Market Regulation of Corporate Participation in Climate Change
Shortcomings of Market-Based Regulatory Systems
Surrogate Regulation of Corporate Participation in Climate Change
Shortcomings of Surrogate Regulation in Climate Change
Legislative Regulation of Corporate Participation in Climate Change
Dual Approaches to Legislative Regulation of Climate Change
Prescriptive/Interventionist Approach
Facilitative Approach
Co-Regulatory Approach to Legislative Regulation
Conclusion
Notes
References
9 Challenges of Climate Change Regulation of Corporations in Africa
Introduction
Absence of Regional Framework On Climate Change Regulation in Africa
Absence of Domestic Framework Climate Change Legislation in African States
Corporate Apathy to Climate Change Mitigation in Africa
Extreme Capitalism By Corporations
Poor Corporate Social Responsibility Regulatory Framework
Reliance On Voluntary/Self-Regulatory Guidelines for Climate Change Regulation of Corporations
Weaknesses of Voluntary Guidelines for Corporations
Ascribing State Responsibility for Corporate Climate Change Contributions to African States?
Conclusion
Notes
References
10 Climate Change Regulation of Corporations in Africa: A Case Study of Nigeria
Introduction
Climate Change Context in Nigeria
The Energy Sector, Black Carbon, and Gas Flaring in Nigeria
The Problem of Black Carbon Emission
Corporate Contributions to Nigeria’s Carbon Emissions Profile
Nigeria’s International Profile in Climate Change Mitigation Efforts
Current Climate Change Legal Framework in Nigeria
Legal and Constitutional Issues in the Climate Change Framework
Constitutional Responsibility for Regulating Corporate Climate Change Activities
The Climate Change Act 2021
Strongpoints of the Climate Change Act 2021
Shortcomings of the Climate Change Act 2021
Conclusion
Notes
References
11 Climate Change Regulation of Corporations in Africa: A Case Study of South Africa
Introduction
South Africa’s Carbon Emissions Profile
Corporate Contributions to Carbon Emissions
South Africa’s International Climate Change Profile
Climate Change Regulatory Framework in South Africa
General Environmental Regulatory Framework
Climate Change Regulatory Framework
Corporate Regulation in Climate Change
The Climate Change Bill 2021
Strongpoints of the Climate Change Bill 2021
Weakness of the Climate Change Bill 2021
Conclusion
Notes
References
12 Implementing Dilute Interventionism in Africa: Prospects and Challenges
Introduction
Climate Change Legislation in Africa and the Dilute Interventionism Model
Alternative Regulatory Frameworks in Climate Change Legislation
Judicial Regulation Through Climate Litigation
Market Regulation Through Emissions Trading System
Education and Enlightenment of Climate Change Issues
Veto Firewall and Dilute Interventionism in Africa
Implementing Veto Firewall System in Africa: Case Study of Nigeria
Veto Firewall in the Telecommunication Sector
Veto Firewall in the Banking Sector
Veto Firewall Protection for the Climate Change Regulator in Africa
Dilute Interventionism and Subsidiary Legislation in Africa
Designing a Dilute Interventionism Pyramid in Africa
Challenges to Implementing Dilute Interventionism in Africa
Overcoming the ‘Regulatory Curse’ in Africa
Lack of Political Will for Legal and Regulatory Reforms
Corporate Resistance and Pressure On Government and Regulators
Solution to Corporate Pushbacks
Shortage of Technical Capacity
Pushbacks From Individuals Affected By the Regulatory Actions
Conclusion
Notes
References
Conclusion
Climate Emergency and Regulatory Frameworks in Africa
Dilute Interventionism as an Innovative Solution to Corporate Apathy in Climate Change in Africa
Dilute Interventionism in Other Economic Sectors
Dilute Interventionism Beyond Africa
Notes
Bibliography
Appendix Top 100 Producers of Carbon Emissions and Their Cumulative Emissions From 1988 to 2015*
Index
