Climate Justice in the Palestinian Legal System: Analysis and Proposals for Reform

Abstract

This article examines the legal treatment of climate change matters in the Palestinian legislation. To assess the adequacy of current legislation, the article starts by looking at the amended Basic Law of 2003, as a temporary constitution. It then looks at laws relevant to various environmental elements and energy, and finally explores options for reform. It is found that several legal aspects of environment justice are already addressed by national legislation. Nonetheless, key legal and regulatory provisions on climate change concerns, in particular mitigation and adaptation, are still need to be developed. The article recommends appropriate legislative instruments to fill gaps in the overall existing legal framework, including the creation of a well-architected institutional framework, with clear jurisdiction and responsibilities, among competent authorities; to enhance national and sectoral strategies and plans for mitigation and adaptation to climate change. A national highly-transparent Environment and Climate Change Fund has also been suggested; to sustain the national ability in financing environmental and climate change activities.