Adverse Climate Change as a Call for Legislative Reform

Introduction

Climate change is no longer merely a temporary environmental crisis; it has become an economic, developmental, and legal challenge affecting food, water, and health security, and influencing agriculture, energy, transportation, coastal areas, investment, and infrastructure.

The issue is particularly important for Egypt given the geographical nature of the Nile Valley and Delta, its coastlines on both the Mediterranean and Red Seas, limited water resources, and the dependence of broad economic sectors on climate stability.

The Egyptian Constitution affirmed this approach in Article 46, which provides that every person has the right to a healthy and sound environment, that its protection is a national duty, and that the State must take the necessary measures to preserve it, prevent harm to it, and ensure the rational use of natural resources in a manner that safeguards the rights of future generations.

Dr. Mostafa El Rouby previously addressed this issue in his article published on 18 May 2025 under the title “Legal Governance of Adverse Climate Change,” emphasizing that addressing climate impacts cannot rely on technical decisions alone, but requires a legal and institutional framework capable of translating climate commitments and policies into clear implementing rules.

Climate Change Is a Development Issue, Not Merely an Environmental One

The latest Egyptian national reports submitted under the United Nations Framework Convention on Climate Change confirm that the risks facing Egypt include rising temperatures, heatwaves, drought, sea-level rise, heavy rainfall, and floods, and that their effects extend to water resources, agriculture, coastal areas, health, biodiversity, tourism, energy, industry, infrastructure, and transportation.

The Nile Delta and northern coastal areas are particularly important because of their vulnerability to sea-level rise and salinization of certain lands and groundwater, while agriculture faces risks associated with higher temperatures, changing water requirements, and heat stress affecting crops.

Accordingly, climate law should not be viewed merely as a set of penalties for pollution, but rather as part of development law, investment law, urban planning law, and water and food security law.

The Environmental Legal Framework in Egypt

Environment Law No. 4 of 1994, as amended, particularly by Laws Nos. 9 of 2009 and 105 of 2015, constitutes the principal foundation of Egyptian environmental legislation.

The Law regulates a wide range of matters concerning the protection of air, water, and the marine environment, hazardous substances and waste, environmental impact assessment of projects, and the control of pollution sources.

One of the most important preventive tools adopted by the Law is the Environmental Impact Assessment system, which aims to examine the expected impacts of a project before implementation rather than waiting for damage to occur and then attempting to remedy it.

However, the Environment Law was originally enacted before climate change became a central issue in global economic policy in its current form. Therefore, although many of its provisions may be used to limit pollution and emissions, it does not by itself constitute a comprehensive framework for regulating a national climate policy covering mitigation, adaptation, financing, climate disclosure, and carbon markets.

A Legislative Framework Broader Than the Environment Law

In addition to the Environment Law, other legislation directly affects the transition toward a more sustainable economy, including:

Law No. 203 of 2014 on Incentivizing Electricity Production from Renewable Energy Sources.
Electricity Law No. 87 of 2015.
Waste Management Regulation Law No. 202 of 2020.
Water Resources and Irrigation Law No. 147 of 2021.
Rules governing investment, green finance, and incentives associated with certain environmentally oriented projects.

These laws reflect an important development in Egyptian policy, but the principal problem lies in the fact that climate-related rules are distributed among numerous sectors and authorities, while climate change is by its nature a cross-sectoral issue.

Does Egypt Need a Specific Climate Change Law?

To date, Egypt does not have a comprehensive horizontal law entitled “Climate Change Law” governing all aspects of the issue within a single legislative framework.

However, describing the situation as a “complete legislative vacuum” would be an exaggeration. Environmental, energy, water, and waste laws already exist, alongside national strategies and institutions, international obligations, and modern regulatory mechanisms such as the voluntary carbon market.

The more precise problem is the existence of a gap between the multiplicity of legal instruments and the absence of a comprehensive legislative climate framework that clearly defines the responsibilities of different sectors, mechanisms for measuring and disclosing emissions, adaptation plans, financing, and monitoring achievement of national targets.

Accordingly, the issuance of a climate law could represent an important development if it complements existing legislation rather than adding a new bureaucratic layer to it.

The National Council for Climate Change… The Institutional Framework Already Exists

It is important here to correct the assumption that a new authority must be created from scratch. Egypt already has a National Council for Climate Change, established by Prime Ministerial Decree No. 1912 of 2015 and reorganized under Decree No. 1129 of 2019.

The Council is chaired by the Prime Minister and serves as the national body responsible for climate change matters. It formulates general policies, develops strategies and sectoral plans, links climate policies with sustainable development, follows up on international obligations, builds capacities, and coordinates among relevant authorities.

Accordingly, the most realistic institutional reform may not be the creation of a parallel body, but rather strengthening the Council’s existing tools, defining implementation and monitoring responsibilities more bindingly, and connecting ministries and authorities through a unified data and indicators system.

From Strategy to Legal Obligation

Egypt launched the National Climate Change Strategy 2050 to provide a long-term framework linking economic development with climate action. Its objectives include achieving sustainable low-emission economic growth, building adaptive capacity, improving climate governance, and enhancing financing and scientific research.

Egypt also submitted its second updated Nationally Determined Contribution in June 2023, including sectoral targets through 2030, such as reducing projected emissions compared with the business-as-usual scenario by 37% in the electricity sector, 7% in transportation, and 65% in emissions associated with flaring in the oil and gas sector, with implementation linked to the availability of financing and international support.

In 2026, Egypt also submitted its Fourth National Communication to the United Nations Framework Convention on Climate Change, reflecting the development of the climate measurement, planning, and monitoring framework.

However, a strategy, regardless of its importance, does not have the same legal force as binding legislation. This is where law plays its role in converting public policy objectives into specific responsibilities whose implementation can be measured and for which authorities may be held accountable.

What Could an Egyptian Climate Law Include?

Any future legislation should adopt a practical approach and avoid merely restating international principles in general provisions.

Among the most important matters that could be regulated are:

Defining national mitigation and adaptation targets and mechanisms for their periodic review.
Defining the responsibility of each ministry and sector in implementing climate policy.
Establishing a unified national system for measuring, reporting, and verifying emissions.
Integrating climate risks into the assessment of major projects and infrastructure.
Regulating adaptation plans for coastal areas, agriculture, water, and health.
Establishing an integrated legal framework for climate finance and market instruments.
Regulating climate-related disclosures by companies in sectors specified by law.
Protecting populations and regions most vulnerable to climate risks.
Defining monitoring mechanisms and publishing periodic reports on implementation progress.

The Objective Is Not to Impose One Emissions Cap on All Industries

Regulating emissions requires a degree of gradualism and precision. Imposing a single carbon dioxide emissions limit on all projects would not be practical because industries and the technologies they use differ significantly.

A better approach would be to establish sector-specific standards based on the nature of the activity, emissions intensity, and best available technologies, and then develop them gradually in a manner that allows industry to adapt and invest in emissions reduction.

Any new obligation should also be accompanied by incentives and financing mechanisms, because transitioning to clean technology may require substantial capital investment, particularly for energy-intensive industries.

Carbon Markets Have Become a Reality in Egypt

One of the most significant developments in Egypt’s climate finance framework was the launch in August 2024 of the first regulated and supervised voluntary carbon market for carbon emission reduction certificates, under the supervision of the Financial Regulatory Authority and in cooperation with the Ministry of Environment and the Egyptian Exchange.

This was preceded by the amendment of the Executive Regulations of the Capital Market Law pursuant to Prime Ministerial Decree No. 4664 of 2022, allowing carbon emission reduction certificates to be treated as tradable financial instruments in accordance with the applicable regulatory controls.

The Financial Regulatory Authority subsequently issued a set of rules regulating the registration of emissions reduction projects, accreditation of validation and verification bodies, and the listing, delisting, trading, and settlement of certificates.

This means that the legislative debate has moved beyond the theoretical consideration of creating a carbon market. The market already exists, and the current challenge lies in expanding the project base, ensuring the quality of reduction units, preventing double counting of emissions, and linking the market to green financing needs.

Climate Finance: From Support to Investment

Adaptation and emissions reduction projects require substantial financial resources, and reliance cannot be placed solely on the State budget or international financing.

Accordingly, legal policy should integrate instruments such as:

Green bonds and sukuk.
Carbon emission reduction certificates.
Sustainability-linked financing.
Investment incentives for clean projects.
Public-private partnerships.
Guarantees that help reduce the risks associated with financing climate projects.

The objective is to transform environmental compliance from merely a cost into an investable and financeable opportunity.

Agriculture and Water… Adaptation Is the Priority

In a country facing limited water resources, climate policy cannot be confined to reducing emissions. Adaptation to existing and future impacts is equally important.

Water Resources and Irrigation Law No. 147 of 2021 constitutes an important part of the legal framework for protecting water resources, regulating their use, and protecting waterways and related infrastructure.

This should be integrated with policies encouraging more efficient irrigation, safe water reuse, protection of land from degradation and salinity, and development of crop varieties that are more resistant to heat and drought.

Climate-smart agriculture may also be supported through incentives for investment in remote sensing, early warning systems, water management, and climate and crop analysis technologies.

Coastal Areas Need Climate-Sensitive Planning Rules

Recent Egyptian climate reports confirm that sea-level rise is one of the principal risks facing the Mediterranean coast.

This requires moving beyond treating coastal protection merely as an engineering project toward integrating climate risks into laws and decisions governing urban planning, land allocation, and coastal licensing.

A building, tourism project, or industrial project expected to operate for decades should not be assessed only according to the condition of the coastline on the date the license is issued, but also according to the risks expected over the economic life of the project.

Renewable Energy and the Low-Carbon Transition

Egypt has established an important legislative framework for clean energy through Law No. 203 of 2014 on Incentivizing Electricity Production from Renewable Energy Sources, together with Electricity Law No. 87 of 2015.

Egyptian plans have also targeted significantly increasing the share of renewable energy in the electricity generation mix in the coming years, and strategic documents have included a target of reaching approximately 42%, with subsequent trends toward accelerating the transition.

Egypt does not need to create a new ministry for renewable energy in this field. The Ministry of Electricity and Renewable Energy and the New and Renewable Energy Authority already exist. The real challenge lies in improving coordination, accelerating investment, developing grids and storage, improving electricity purchasing systems, and removing regulatory obstacles facing the private sector.

Low-Carbon Hydrogen and New Legislative Opportunities

In recent years, the State has expanded its interest in low-carbon hydrogen and green ammonia projects, taking advantage of Egypt’s solar and wind resources and its location close to European markets and international shipping routes.

This industry raises new legal issues concerning land, energy, water, ports, long-term offtake agreements, green certificates of origin, and emissions accounting standards.

Attracting investment in this sector therefore requires clear and stable rules enabling investors to understand production, export, and environmental certification requirements from the outset of the project.

Buildings, Cities, and Transportation Are Part of Climate Policy

Emissions are not limited to power plants and factories. The design of cities, transport systems, and building efficiency determines a significant proportion of energy consumption over decades.

Accordingly, rules governing building energy efficiency, the use of climate-appropriate materials, provision of green spaces, management of rainwater and floods, and promotion of public and electric transportation should be developed.

These measures have the advantage of achieving two benefits simultaneously: reducing emissions and lowering energy consumption costs for citizens and businesses.

Environmental Impact Assessment Needs a Climate Dimension

One of the most important possible practical reforms is to develop the environmental impact assessment system so that, for major projects, it does not merely ask, “How much pollution might the project cause?” but also addresses two additional questions:

What is the project’s expected impact on emissions and climate?
Can the project itself withstand future climate risks?

A power plant, factory, or new city may comply with traditional environmental requirements but remain vulnerable to flooding, rising temperatures, or water scarcity during its operational life.

This transition from environmental impact assessment to a more comprehensive assessment of climate risks would protect both the State and investors.

Public Participation and the Right to Information

Effective climate governance cannot be built without accessible data and genuine public participation.

Citizens need to know the condition of air and water and the risks surrounding their areas, while investors require stable rules and data that enable them to assess risks before making decisions.

It would be beneficial to develop a unified national platform for climate, emissions, and environmental indicators, with publication of data that does not conflict with national security or trade secrets, and clear mechanisms for submitting environmental complaints and proposals.

Courts and Climate Disputes

As environmental and climate obligations expand globally, climate-related disputes have increased in many countries, whether against public authorities or companies.

In Egypt, the need does not necessarily appear to be for the establishment of a separate climate court, but rather for enhancing the capacity of courts and experts in complex environmental disputes and developing technical expertise relating to emissions, carbon, pollution, and assessment of environmental damage.

Creating new judicial structures is not always the solution. Training specialized judicial circuits and experts and developing evidentiary rules may be more effective and less complex.

International Cooperation and the Paris Agreement

Egypt participates in the Paris Agreement on climate change and submits its reports and nationally determined contributions through the United Nations climate framework.

The latest Egyptian contribution currently recorded in the Nationally Determined Contributions Registry is the second update to its contribution through 2030, submitted in June 2023, alongside the Fourth National Communication submitted in May 2026 and the first Adaptation Communication submitted in November 2025.

These documents confirm that international commitment is not limited to announcing emissions reduction targets, but extends to measurement, disclosure, adaptation, financing, and capacity building.

Accordingly, Egyptian legislative reform should align international commitments with national priorities rather than replicate foreign legislative models that may not necessarily suit the needs of the Egyptian economy.

Key Challenges Facing Climate Governance

Fragmentation of the legislative framework: climate and environmental rules are distributed among several laws and sectors without a comprehensive framework.
Difficulty of institutional coordination: because a large number of ministries and authorities participate in climate matters.
The financing gap: the cost of adaptation and the transition to clean technology exceeds the capacity of public financing alone.
The need for more systematic data: effective management of emissions and risks begins with measurement.
Differences in business capacity: particularly between large companies and small and medium-sized enterprises in bearing compliance costs.
The need for technical and legal expertise: capable of dealing with carbon markets, climate disclosure, and new technologies.
Limited awareness: climate change is still regarded by many as an issue remote from daily decisions despite its direct impact on water, energy, food, and health.

Recommendations for Legislative Reform

Prepare an integrated national climate law linking mitigation, adaptation, financing, and transparency without repealing existing sectoral laws.
Strengthen the role of the National Council for Climate Change rather than creating parallel entities, with clearer mechanisms for monitoring implementation of its decisions.
Establish a unified system for measuring, reporting, and verifying emissions according to standards appropriate to the nature of each sector.
Integrate climate risks into the assessment of major projects, urban planning, and infrastructure.
Expand green financing instruments and link investment incentives to measurable environmental performance indicators.
Develop the voluntary carbon market while ensuring credibility, transparency, and prevention of double counting of reduction units.
Support small and medium-sized enterprises technically and financially so that sustainability requirements do not become a barrier to their growth.
Enhance the capacity of judges, experts, and lawyers in environmental and climate disputes and green markets.
Develop legislation relating to coastal areas, water, and agriculture to incorporate future climate risks.
Strengthen publication of data and environmental awareness as part of oversight and public participation.

The Role of the Office of Dr. Mostafa El Rouby – Attorneys and Legal Consultants

The Office of Dr. Mostafa El Rouby – Attorneys and Legal Consultants believes that the green transition is not only changing government policies, but is also reshaping the legal environment in which companies operate.

Industrial, energy, transportation, agricultural, and real estate projects are increasingly required to consider environmental and climate obligations seriously from the incorporation and feasibility-study stages.

Among the most important areas of legal support in this sector are:

Reviewing compliance with the Environment Law, licenses, and environmental requirements.
Reviewing environmental impact assessment studies from a legal perspective.
Drafting contracts for renewable energy, hydrogen, and green projects.
Reviewing environmental risks in investment and acquisition transactions.
Providing advice on carbon emission reduction certificates and carbon markets.
Managing disputes relating to pollution and environmental liability.
Assisting companies in integrating environmental compliance and sustainability into their policies and contracts.

The objective of modern legal advice is not merely to protect a company from fines, but to help it understand how environmental requirements are becoming factors in financing, exports, competitiveness, and access to global markets.

Conclusion

Adverse climate change has become a direct call for legislative reform because legal tools originally designed primarily to address conventional pollution are no longer sufficient on their own to manage risks extending across the economy, agriculture, water, health, cities, and coastal areas.

Egypt has already built an important foundation for climate action through the Environment Law and sectoral legislation, the National Council for Climate Change, the National Climate Change Strategy 2050, nationally determined contributions, the voluntary carbon market, and the expansion of renewable energy.

Accordingly, the next phase does not begin from zero, but requires connecting these instruments within a more integrated legal framework capable of measurement and accountability.

Reform should also not become merely an increase in the number of authorities or licenses. Good governance means clear responsibility, unified data, timely decision-making, and directing financing toward projects best able to reduce risks and achieve development.

Dr. Mostafa El Rouby emphasizes that climate protection is no longer optional or capable of being deferred, but has become part of protecting investment, water and food security, and the rights of future generations. Accordingly, law becomes one of the most important tools for moving from responding to a crisis after it occurs toward preparing for it and preventing its impacts before they become more costly and complex.

Dr. Mostafa El Rouby Writes in Al-Fagr Newspaper – Legal Governance of Adverse Climate Change