Climate change initiatives enshrined in AI, legal and political action

Written by Efi Thoma, Lawyer LL.M. | IMES

According to Professor, Yuval Noah Harari artificial intelligence (“AI”) and climate change constitute the challenges which will define the future of humanity, and addressing them is essential for global stability and progress. 

His clairvoyance is aligned with other scholars who believe, however, that there are many different ways that AI can be an invaluable ally for combating climate change. Who shall take, however, the legal responsibility of any potential wrongdoings, in case that AI goes rogue, in lack of a robust legal framework regulating AI?

Researches have shown that AI can predict accurately climate phenomena and perform climate simulations at a global level, enhancing the awareness and enabling the preparation of efficient climate policies as well as legal and regulatory frameworks to combat the climate crisis, by ensuring a proactive, informative approach. Could AI be also used for calculating and reducing CO₂ emissions? The answer is yes. AI can, inter alia, reduce the energy consumption of our houses, offices, industries, data centers.

At EU level everything looks better compared to the new approach at US level, in terms of climate friendly policies and acknowledgment of the earth-changing reality. Companies are obliged legally to streamline their strategies and business models pursuant to climate change mitigation policies ensuring that a sustainable economy is a mandatory target not just wishful thinking. The European Green Deal and its commitment to reach the goals of Paris Agreement which has set a precedent on the limitation of global warming at 1,5° C, are reinforced by the European Climate Law via Regulation 2021/1119.

The ambitious levels of climate neutrality which has been set as a target for 2050, require the support of robust legal and regulatory frameworks by the EU Member States, accompanied with strict deadlines and serious fines, as well as increased levels of political, social and ethical awareness (a field where social media and influencers could play a pivotal role), in conjunction with the efficient use of advanced technology and AI tools.  EU is a leader featuring also additional legal measures, i.e. the Corporate Sustainability Reporting Directive (Directive 2024/1760) with the aim of fostering environmentally sustainable and responsible corporate behavior in companies’ operations and across their global value chains.

The non-compliance of the companies will trigger administrative sanctions which shall be proportionate, effective and deterrent. Citizens can be more demanding and opt for companies which comply with climate mitigating and environmentally sustainable goals which could be a competitive trait for companies and incentive towards their compliance and increased awareness of the climate crisis, reflected through their suppliers, products, services and investors. The European model then could be followed and endorsed by international organizations and third countries, by engaging into mutually beneficial climate friendly initiatives. 

The economic cost of the degradation of nature is very high, compared to the cost of restoring and acting proactively. The US, an undeniable global leader, could ideally open a broad political debate and dialogue with countries, stakeholders and governments at a global level, by expanding its monolithic focus on the economy. In 2022, US passed the Inflation Reduction Act. By allocating hundreds of billions of dollars to boost renewable energy, electric cars and cleaner manufacturing, a historic step towards concrete climate action was taken. Such policies, regulations and legislative initiatives as part of a US Climate Agenda are fundamentally inspiring for the rest of the world and are intrinsically linked to a strong economy. Refocusing on fossil fuels and reversing climate actions will only lead to the economy grinding to a halt, not in the long term, but imminently.

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