DRIVING NET ZERO THROUGH THE LAW
- Prisca Opara

Net zero refers to a state in which the greenhouse gases going into the atmosphere are balanced by removal out of the atmosphere^[1]. The concept of net zero can be traced back to 1992, with the adoption of the United Nations Framework Convention on Climate Change (UNFCCC).

Article 2 of the UNFCCC sets out its main objective:

Stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the Climate System. Such a level should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to Climate change to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner”.

While the term “net zero” was not explicitly used, the Convention established the legal foundation for it. The objective was later reinforced in the Paris Agreement in 2015. Article 2 of the Paris Agreement sets out specific global temperature targets limiting warming to well below 2°C, while pursuing efforts to limit to 1.5°C above the pre-industrial level.^[2] It is also important to note that, like the UNFCCC, the term “net zero” was not explicitly mentioned in the Paris Agreement. However, Article 4 of the Paris Agreement, influenced by the IPCC’s Fifth Assessment Report and the UNFCCC’s Structured Expert Dialogue, introduced the goal of achieving “a balance between anthropogenic emissions by sources and removals by sinks” in the second half of this century, an indirect legal framing of net zero.^[3] This scientific and legal foundation paved the way for the widespread adoption of net-zero targets globally. The 2021 Glasgow Climate Pact, although non-binding, marked a shift by explicitly referencing “net zero”, thus reinforcing its legal and political salience within the UN climate regime.

Law plays a central role in advancing global net zero. International and national legal instruments such as climate treaties, regulations, and standards create the framework through which greenhouse gas emissions will be reduced, energy systems are transformed, and sustainable development is advanced.

The Intergovernmental Panel on Climate Change (IPCC) Report confirms this,^[4] stating that there has been a consistent expansion of policies and laws addressing mitigation since its Fifth Assessment Report (AR5). This has led to the avoidance of emissions that would otherwise have occurred and an increase in investment in low-GHG technologies and infrastructure.

Furthermore, the report notes that digital technology can support decarbonisation, but only if it is appropriately governed. This shows that legal and regulatory frameworks are essential for translating technical potential into real environmental impact. Although the IPCC does not explicitly use the term “net zero” in the report cited, the conclusion reinforces the point that law is needed to regulate emissions and govern technology in the path toward net zero.

One legal tool for achieving net zero is the establishment of carbon markets, which allow companies to buy emission credits to offset emissions by funding projects like reforestation or renewable energy. China’s National Emissions Trading Scheme (ETS), launched in 2021, uses binding allowances to reduce CO₂ emissions, starting with the power sector. In Nigeria, while a national carbon market is not yet operational, the Climate Change Act (2021) lays the groundwork for future legal regulation and trading. To enhance impact, countries are also linking markets. For instance, in 2025, the United Kingdom and the European Union began legal steps to link their ETSs, aiming to create a unified carbon market that enables cross-border emissions trading and regulatory alignment, further advancing global net zero efforts. Law enables the creation, regulation, and linkage of carbon markets, ensuring accountability, cross-border cooperation, and effective emissions reduction to advance global net zero.

Another way law can be used to advance global net zero goals is through Green Free Trade Agreements (FTAs)^[6] that legally remove Trade barriers on climate-friendly goods and services. These agreements promote wider and more affordable access to the technologies that reduce greenhouse gas emissions, such as solar panels, wind turbines, and electric vehicles. If adopted more broadly among countries, green FTAs could accelerate the global shift to clean energy by making sustainable technologies more available and cost-effective. Examples include the Australia-Singapore Green Economy Agreement and the UK-New Zealand Free Trade Agreement, both of which contain binding commitments to liberalize trade in low-carbon technologies.

Again, law can advance net zero by holding government legally accountable for long-term climate action, as seen in the case of Neubauer v Germany^[7], where the court ordered the German government to correct and tighten up the Climate Act provisions to strengthen future mitigation pathways with specific provisions for reducing greenhouse gas emissions by 2% or 1.5%. The German government complied with the court's judgment, enhancing the climate protection policy and raising its greenhouse gas emissions targets.

Law can also provide financial tools to implement net zero policies. For instance, the Inflation Reduction Act (2022) allocates over 370 billion to clean energy, carbon capture, and industrial decarbonization designed to cut down emissions.

Law also advances global net zero by ensuring a just transition,^[8] legally mandating that climate action is fair, inclusive, and socially sustainable. Just transition policies, when embedded in law, require governments to support workers and communities affected by the shift from fossil fuels to clean energy. This reduces resistance to decarbonisation and strengthens long-term compliance with climate laws. For example, Scotland’s Climate Change Act includes a legal duty to consider just transition in climate planning, while South Africa’s Climate Change Bill (2022) mandates the development of national just transition frameworks. Similarly, the European Union’s legally established Just Transition Mechanism provides over €55 billion to member states to mitigate the social impact of emissions reduction policies. By embedding equity and social protection in law, just transition frameworks help maintain political support for ambitious emissions cuts, thus enabling the successful implementation of net zero targets.

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