Corporate Regulation for Climate Change Mitigation in Africa: A Case for Dilute Interventionism

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