Climate Change Law, Policy and Litigation in Qatar

Abstract

Qatar is itself particularly vulnerable to the impacts of climate change and has consequently implemented various sustainable development policies and environmental protection legislation to mitigate such harm. Despite this, it remains the world’s highest per capita emitter of carbon dioxide emissions and holds vast energy reserves that would further contribute to climate change. Sea level rises, ocean warming, desertification and loss of natural diversity all threaten Qatar’s environment. As the nation seeks to rapidly develop, it faces considerable challenges to achieve its development sustainably. Following an explanation of the laws and policies Qatar has implemented as well as the international conventions it has ratified, the chapter identifies the limitations for a private party wishing to bring climate change litigation in Qatar. Lack of standing, the inability to demonstrate quantifiable damages, the required burden of proof, and the rules of liability all hinder the opportunity to litigate. The chapter demonstrates that effectively top-down state action, such as the introduction of regulations, is the only means to achieve further progress on climate change prevention and mitigation. It also shows that this is well within the power of the legislature and executive, given their unfettered ability to introduce regulations and compel compliance. The chapter concludes with a recommendation for a special environmental damage regime and to enhance the jurisdiction of administrative judiciary.

Full text

337© Springer Nature Switzerland AG 2021
F. Sindico, M. M. Mbengue (eds.), Comparative Climate Change Litigation:
Beyond the Usual Suspects, Ius Comparatum - Global Studies in Comparative
Law 47, https://doi.org/10.1007/978-3-030-46882-8_17
Climate Change Law, Policy andLitigation
inQatar
AaronRichardHarmon andJonTruby
Abstract Qatar is itself particularly vulnerable to the impacts of climate change
and has consequently implemented various sustainable development policies and
environmental protection legislation to mitigate such harm. Despite this, it remains
the world’s highest per capita emitter of carbon dioxide emissions and holds vast
energy reserves that would further contribute to climate change. Sea level rises,
ocean warming, desertication and loss of natural diversity all threaten Qatar’s
environment. As the nation seeks to rapidly develop, it faces considerable chal-
lenges to achieve its development sustainably. Following an explanation of the laws
and policies Qatar has implemented as well as the international conventions it has
ratied, the chapter identies the limitations for a private party wishing to bring
climate change litigation in Qatar. Lack of standing, the inability to demonstrate
quantiable damages, the required burden of proof, and the rules of liability all
hinder the opportunity to litigate. The chapter demonstrates that effectively top-
down state action, such as the introduction of regulations, is the only means to
achieve further progress on climate change prevention and mitigation. It also shows
that this is well within the power of the legislature and executive, given their unfet-
tered ability to introduce regulations and compel compliance. The chapter con-
cludes with a recommendation for a special environmental damage regime and to
enhance the jurisdiction of administrative judiciary.
A. R. Harmon · J. Truby (*)
Centre for Law and Development, College of Law, Qatar University, Doha, Qatar
e-mail: aharmon@qu.edu.qa; jon.truby@qu.edu.qa

338
1 Introduction
A small coastal country surrounded on three sides by water, Qatar is particularly
vulnerable to predicted rising sea levels.1 Qatar is among the ten countries that
would be most adversely affected by rising sea levels.2 Even a 5-m rise in sea level
could lead to an estimated ooding of 18.2% of its land area.3 The impact is magni-
ed by the fact that the waters surrounding Qatar are especially shallow, combined
with the fact that as much as 96% of the population is located in coastal areas.4
Additionally, the shallow waters are particularly susceptible to temperature increas-
es.5 With this in mind, Qatar hosted the UN Framework Convention on Climate
Change6 COP18 conference in 2012.
Qatar has already experienced increased ooding and erosion of coastal habitats,7
and has also experienced biodiversity strains related to record ocean heat in 1996,
1998, and 2002.8 Experts predict that continued ocean warming will lead to mass
deaths of turtles and sh, ooding of sea turtle nesting grounds, coral bleaching, as
well as a substantial increase in jellysh and toxic ora.9
Qatar is also a major global energy producer. It has the largest liqueed natural
gas operations in the world, harvesting from the third-largest reserve of natural
gas.10 It has also diversied into petrochemicals and metallurgy, and utilizes cogen-
eration facilities to provide desalinated water to its population. As such, Qatar is
responsible for a disproportionate amount of greenhouse gas emissions.11
Qatar is largely dependent on desalinated water, and increased temperatures
would further deplete its natural water table, leading to loss of natural diversity,
increased desertication, and even more dependence on desalinated water.12
1 Qatar National Development Strategy, General Secretariat for Development Planning, March
2011, p.215, available at: https://www.mdps.gov.qa/en/nds1/pages/default.aspx.
2 id. at 224.
3 Murthy (2016).
4 Qatar National Development Strategy, note 1 above, at 224.
5 id.
6 18th session of COP 18 (Conference of the Parties) to the UNFCCC and the 8th session of the
Meeting of the Parties to the Kyoto Protocol, to review the implementation of the Kyoto Protocol
and take decisions to promote its effective implementation, which took place from 26/11/12 to
7/12/12in Doha, Qatar; http://www.cop18.qa/en-us/aboutcop18cmp8/cop18cmp8.aspx.
7 Qatar National Development Strategy, note 1 above, at 228.
8 id. at 227.
9 id.
10 id. at p.214, 221.
11 id. at p.221.
12 Qatar’s Commitment to Sustainable Development: Meeting the Challenges of Climate Change,
General Secretariat for Development Planning, available at: https://www.mdps.gov.qa/en/media/
FeaturedArticles/QATAR%E2%80%99S%20COMMITMENT%20TO%20SUSTAINABLE%20
DEVELOPMENT,%20MEETING%20THE%20CHALLENGES%20OF%20CLIMATE%20
CHANGE.pdf.
A. R. Harmon a nd J. Truby

339
As such, Qatar has a vested interest in reducing carbon dioxide emissions in
order to protect its coastlines and its biodiversity.13 As a leader in energy production,
it is also in a uniquely effective position to be able to do so.
That being said, all possible change will occur through government regulation
and enforcement, and not through litigation by private parties. There are currently
no litigation mechanisms that enable private parties to participate in the process of
reducing climate change emissions.
2 Climate Change Law inQatar
Qatar became a party to the United Nations Framework Convention on Climate
Change of 1992 on April 18, 1996.14 The UNFCCC was given the force of law under
Article 24 of the Amended Interim Constitution on July 22, 1996.15 Qatar also
became a party to the Kyoto Protocol on January 11, 2005.16
The Law on Environment Protection, promulgated on September 29, 2002, pro-
vides the enforcement mechanism for all environment-related issues.17 The Law on
Environment Protection establishes procedures and guidelines in the areas of air,18
water,19 hazardous waste,20 marine environment,21 and pollution prevention and
response.22 It also introduced the requirement for and general procedures related to
conducting Environmental Impact Assessments (EIAs). Signicantly, however, the
phrase “climate change” is only mentioned once, in reference to the UNFCCC
accession document.23 Administrative and Judicial Procedures for violations of the
law are contained in Articles 62–65. Sanctions, including jail time and nes for vari-
ous levels of violation, are contained in Articles 66–75.
The Executive By-Law No. 4 of 2005 for the Environmental Protection Law was
published to provide greater details regarding the procedures associated with the
permitting system for all aspects of environmental management.24 It covers the
same general protection areas as the Law on Environment Protection, with even
13 Truby (2012).
14 id.
15 Decree No. 47 of 1996 on the Approval of the Accession to United Nations Framework
Convention on Climate Change, July 22, 1996, at Article 2.
16 Qatar’s Commitment to Sustainable Development (n.12); Accession Instrument of Qatar of
Kyoto Protocol, November 28, 2004.
17 Decree by law No. 30 of 2002 on the Law of Environment Protection, September 29, 2002.
18 id. at Articles 28 to 39.
19 id. at Articles 40 to 41.
20 id. at Articles 24 to 27.
21 id. at Articles 42 to 61.
22 id. at Articles 21 to 23.
23 id. at Preamble.
24 Executive By-Law No. 4 of 2005 for the Environmental Protection Law.
Climate Change Law, Policy andLitigation inQatar

340
more specic guidance in the Annexes to the By-Law.25 Signicantly, again, the
phrase “climate change” is not included in either document.
In terms of national climate change policy, Qatar National Vision 2030 (QNV
2030) was published July 2008 by the General Secretariat for Development
Planning.26 QNV 2030 is intended to provide overarching guidance for the develop-
ment of Qatari society and infrastructure. The Fourth Pillar of QNV 2030,
Environment Development, contains several aspirational statements about support-
ing international efforts to mitigate the effects of climate change and becoming a
leader in mitigation in the Gulf region. However, as this is a general guidance docu-
ment, no concrete policies are specied.
The Qatar National Development Strategy (QNDS) was published in March
2011, also by the General Secretariat for Development Planning.27 Unlike its prede-
cessors, QNDS contains multiple reference to climate change and greenhouse gas
emissions, and acknowledges that Qatar (along with other energy-producing
nations) contributes substantially to global climate change.28 The Environment and
Legislation sections state a national desire to reduce emissions, increase efcien-
cies, and educate the population.
To this end, the Qatar Construction Specications (QCS) now mandate all new
construction to comply with the green building requirements of the Global
Sustainability Assessment System (GSAS).29 It has also taken steps to reduce gas
aring, which makes up about 12% of Qatar’s total emissions.30 In 2007, Qatar
introduced its rst United Nations Framework Convention on Climate Change
Clean Development Mechanism, the Al-Shaheen Oil Field Gas Recovery and
Utilization Project, which reduced aring by about 80%. Facilities at the Al-Karkara
eld, completed in 2012, have been designed to achieve zero gas aring by injecting
excess sour gas back into the reservoir.31
The Climate Change Committee was formed on October 4, 2007, pursuant to a
resolution by the Chairman of the Supreme Council for the Environment and Natural
Reserves.32 The Supreme Council for the Environment and Natural Reserves was
replaced by the Ministry of Environment, which was later merged with the Ministry
of Municipality and Urban Planning to form the Ministry of Municipality and
25 Annexes of Executive By-Law No. 4 of 2005.
26 Qatar National Vision 2030, General Secretariat for Development Planning, July 2008, available at:
http://portal.www.gov.qa/wps/portal/topics/employment+and+workplace/qatar+national+vision+
2030/qatarnationalvision2030.
27 Qatar National Development Strategy, note 1 above.
28 id. at p.21.
29 id. at p.222.
30 id. at p.224.
31 id; Qatar’s Commitment to Sustainable Development (n. 12).
32 Supreme Council for the Environment and Natural Reserves Chairman Resolution No. 9 of 2007
On the Formation of the Climate Change Committee, October 4, 2007.
A. R. Harmon a nd J. Truby

341
Environment.33 The Undersecretary for Environmental Affairs currently oversees
the Climate Change Department, which houses the National Committee for Climate
Change.34
3 Climate Change Litigation inQatar
Qatar has since 2009 operated a constitutional court which presides over decisions
governing constitutional interpretations, ensures legislation complies with the con-
stitution and is an appellate court to decide on disputes on constitutional interpreta-
tions and legislative interpretations from lower courts. It has jurisdiction over lower
courts and can instruct a court to decide on precise issues.35 Qatar is a monarchy,
with a very powerful executive branch.36 Although it has ratied a constitution37 and
in principle has established three branches of government,38 most positions are
appointed by the executive branch and serve at the pleasure of the Emir.39 As such,
judges lack both the authority and the independence to review executive or legisla-
tive actions.40
Moreover, absent quantiable damages to their personal interests, private parties
in Qatar (natural or corporate) have no standing under the Qatari Civil Code or the
Environmental Protection Law to sue other private parties for climate change, social
justice, pollution, or other environmental issues.41 Where actual damages can be
proven, there may be a cause of action.42 However, general rules of liability under
the Civil Code may be complicated in the environmental damage context.43 Issues
33 Emiri Decree No. 1 of 2008; “SCH and SEC Disbanded as Emir Reshufes Cabinet” available
at: https://www.thepeninsulaqatar.com/news/qatar/368111/sch-and-sec-disbanded-as-emir-
reshufes-cabinet; ministry website available at http://www.mme.gov.qa/cui/index.dox.
34 Ministry for Municipality and Environmental Affairs Website, Organizational Structure, avail-
able at: http://www.mme.gov.qa/cui/view.dox?id=1448&contentID=3789&siteID=2.
35 US Library of Congress, http://www.loc.gov/law/foreign-news/article/
qatar-constitutional-court-established/.
36 United Nations Human Rights Council, Report of the Special Rapporteur on the Independence
of Judges and Lawyers, Gabriela Knaul, March 31, 2015, p.9, § 3.A.1, available at: www.ohchr.
org/EN/HRBodies/HRC/.../A_HRC_29_26_Add_1_ENG.DOCX.
37 id. at p.5, § 2.A.6.
38 Qatar Constitution, Art. 60, available at: http://portal.www.gov.qa/wps/portal/!ut/p/a0/04_
Sj9CPykssy0xPLMnMz0vMAfGjzOIt_S2cDS0sDNwtQgKcDTyNfAOcLD3cDdw9zfULsh0V
AQl92_s!/.
39 id. at p.9, § 3.A.1.
40 id.
41 Interview with Prof. Abdelnaser Zeyad Hayajneh, (2018).
42 id.
43 id.
Climate Change Law, Policy andLitigation inQatar

342
related to burden of proof, methods to assess damages, the restricted compensatory
nature of the Civil Code, etc. all present obstacles to recovery.44
Private parties also lack standing to sue the government for climate change or
other environmental issues.45 Generally speaking, the challenge and review of
administrative decisions is unavailable as a vehicle to initiate a change of policy or
of behavior.46
4 Effective Climate Change Litigation inQatar:
TheWay Forward
As such, currently only the executive and legislative branches have the power to
initiate review or prosecution of a private actor for pollution reasons.47 Similarly, the
government retains sole discretion with regards to administrative and legislative
decisions, without possibility of review.48
Further, conicts of interest are apparent in terms of enforcement. The body
responsible for environmental and climate regulatory enforcement of the petroleum
industry is the Health, Safety and Environment Directorate at Qatar Petroleum, the
state energy producer.
5 Conclusion
As has been demonstrated, Qatar’s legislature have introduced regulatory require-
ments that are particularly applicable for businesses operating in the state.
Meanwhile its executive bodies have endorsed international conventions including
the UNFCCC, and have a climate change committee responsible for preparing and
evaluating the Nationally Determined Contributions. Its national strategies and poli-
cies go some way towards achieving climate change mitigation.
The top-down legislative, policy and governance practices described concerning
climate change in the State of Qatar is indeed the norm in Gulf Cooperation
44 id.
45 id.
46 id.
47 id.
48 id.
A. R. Harmon a nd J. Truby

343
Council49 countries, who have tended to introduce similar policies.50 The inability of
private parties to bring climate change litigation means none occurs, and institutions
are not held accountable for breaches of climate change standards. This can change.
Going forward, there is a real need to introduce a special environmental damage
regime, and to further develop the jurisdiction of administrative judiciary.51
References
State Policies
Qatar National Development Strategy, General Secretariat for Development Planning, March
2011, available at: https://www.mdps.gov.qa/en/nds1/pages/default.aspx
Qatar’s Commitment to Sustainable Development: Meeting the Challenges of Climate Change,
General Secretariat for Development Planning, available at: https://www.mdps.gov.qa/
en/media/FeaturedArticles/QATAR%E2%80%99S%20COMMITMENT%20TO%20
SUSTAINABLE%20DEVELOPMENT,%20MEETING%20THE%20CHALLENGES%20
OF%20CLIMATE%20CHANGE.pdf
Qatar National Vision 2030, General Secretariat for Development Planning, July 2008,
available at: http://portal.www.gov.qa/wps/portal/topics/employment+and+workplace/
qatar+national+vision+2030/qatarnationalvision2030
Online Documents
United Nations Human Rights Council, Report of the Special Rapporteur on the Independence of
Judges and Lawyers, Gabriela Knaul, March 31, 2015, p.9, § 3.A.1, available at: www.ohchr.
org/EN/HRBodies/HRC/.../A_HRC_29_26_Add_1_ENG.DOCX
Murthy A (15 December 2016) Qatar and the Climate Debate. Oryx Publishing. Available at:
http://earthjournalism.net/stories/qatar-and-the-climate-debate
18th session of COP 18 (Conference of the Parties) to the UNFCCC and the 8th session of the
Meeting of the Parties to the Kyoto Protocol, to review the implementation of the Kyoto Protocol
and take decisions to promote its effective implementation, which took place from 26/11/12 to
7/12/12in Doha, Qatar; http://www.cop18.qa/en-us/aboutcop18cmp8/cop18cmp8.aspx
Qatar’s Commitment to Sustainable Development: Meeting the Challenges of Climate Change,
General Secretariat for Development Planning, available at: https://www.mdps.gov.qa/
en/media/FeaturedArticles/QATAR%E2%80%99S%20COMMITMENT%20TO%20
SUSTAINABLE%20DEVELOPMENT,%20MEETING%20THE%20CHALLENGES%20
OF%20CLIMATE%20CHANGE.pdf
49 Cooperation Council for the Arab States of the Gulf, including Bahrain, Kuwait, Oman, Qatar,
Saudi Arabia and the UAE.
50 See for example, the United Arab Emirates’ Federal Environment Agency https://www.ead.ae/
en/portal/environmental.laws.aspx, and the Emirati Environmental Research and Wildlife
Development Agency, founded pursuant to Law No.4 of 1996.
51 id.
Climate Change Law, Policy andLitigation inQatar

344
Ministry for Municipality and Environmental Affairs Website, Organizational Structure, available
at: http://www.mme.gov.qa/cui/view.dox?id=1448&contentID=3789&siteID=2
US Library of Congress, http://www.loc.gov/laws/foreign-news/article/qatar-constitutional-
court-established/
United Arab Emirates’ Federal Environment Agency. https://www.ead.ae/en/portal/environmental.
laws.aspx
Journal Article with DOI (and with Page Numbers)
Truby J (2012) Fiscal tools for inclusion of GCC states in the global environmental programme:
focus upon new vehicle imports. Green Taxation Environ Sustain:144–158. https://doi.
org/10.4337/9781781952184.00022
Laws
Decree No. 47 of 1996 on the Approval of the Accession to United Nations Framework Convention
on Climate Change, July 22, 1996
Accession Instrument of Qatar of Kyoto Protocol, November 28, 2004
Decree by law No. 30 of 2002 on the Law of Environment Protection, September 29, 2002
Executive By-Law No. 4 of 2005 for the Environmental Protection Law
Annexes of Executive By-Law No. 4 of 2005
Supreme Council for the Environment and Natural Reserves Chairman Resolution No. 9 of 2007
On the Formation of the Climate Change Committee, October 4, 2007
Emiri Decree No. 1 of 2008; “SCH and SEC Disbanded as Emir Reshufes Cabinet” available
at: https://www.thepeninsulaqatar.com/news/qatar/368111/sch-and-sec-disbanded-as-emir-
reshufes-cabinet; ministry website available at http://www.mme.gov.qa/cui/index.dox
Qatar Constitution, available at: http://portal.www.gov.qa/wps/portal/!ut/p/a0/04_
Sj9CPykssy0xPLMnMz0vMAfGjzOIt_S2cDS0sDNwtQgKcDTyNfAOcLD3cDdw9zfULsh0
VAQl92_s!/
Emirati Environmental Research and Wildlife Development Agency, founded pursuant to Law
No.4 of 1996
Interviews
Interview with Prof. Abdelnaser Zeyad Hayajneh, Professor of Civil and Environmental Law,
Qatar University College of Law, March 25,(2018). Transcript available by request
Aaron Richard Harmon teaches in the Qatar University College of Law Legal Skills Department.
He also manages the College of Law’s moot court programs and coaches the International
Negotiation Competition Team.
Professor Harmon was one of the rst attorneys in the United States to receive the LEED® AP
credential (Leadership in Energy and Environmental Design—Accredited Professional) from the
United States Green Building Counsel (USGBC). He has given numerous lectures on the intersec-
tion between green construction, sustainability, renewable energy, and risk management.
A. R. Harmon a nd J. Truby

345
Prior to joining the faculty at Qatar University, Professor Harmon taught legal research, writ-
ing, and oral advocacy at the University of North Carolina School of Law in the United States. A
specialist in oral advocacy and alternative dispute resolution (with an emphasis on mediation and
negotiation), Professor Harmon directed the UNC National Negotiation Competition Team and the
UNC Environmental Negotiation Competition Team to several high nishes at tournaments. Aaron
Richard Harmon can be reached at aharmon@qu.edu.qa.
Dr. Jon Truby is Director of the Centre for Law and Development, a legal research and policy
centre focused on delivering solutions to the needs of Qatar’s National Development Strategy. Its
current research and roundtable agenda focuses upon nancial innovation for Qatar’s economic
diversication and environmental protection. Dr. Jon Truby runs the undergraduate and postgradu-
ate Environmental Law and Public Policy programmes in the College of Law of Qatar University.
His research specialism is niche and interdisciplinary, focusing upon the interaction between
technological innovation, the law and sustainable development policy. This inevitably involves
synergy with elds including law, economics, climate science, nance and digital innovators.
Before joining the College of Law, Dr. Truby taught graduate and undergraduate courses on the
LLM and LLB courses at Newcastle Law School (England). His Ph.D from Newcastle Law School
at the University of Newcastle upon Tyne (England) was a doctoral study of environmental tax law
and its impact upon environmental behaviour including sustainable energy consumption and pro-
duction. Dr Truby can be reached at jon.truby@qu.edu.qa.
Climate Change Law, Policy andLitigation inQatar