This article examines the 1964 interim constitutions of Egypt, Iraq, and Syria as markers of a two-decade-long shift in Arab constitutional design—moving from individual liberal rights toward a new regional social contract centered on social rights. The vision of a progressive society rested on two principles of collective welfare: solidarity—expressed through constitutional commitments to collective well-being—and social justice, which aimed to ensure equality and better living standards for all. Contrary to common interpretations, these documents were not simply authoritarian bargains or tools for consolidating power. Rather, the interim constitutions were social bargains that reflected legislative social engineering during decolonization and guided both citizens and the state in building a new society. Despite the intense regional rivalries, these constitutions reflected a shared commitment to socioeconomic transformation that transcended political divides. The analysis of these constitutions shows that the difficulties in their execution extended beyond future limitations of political will or economic resources. Rather, they contained inherent legal and ideological tensions about the structure and direction of the progressive society—particularly in their approach to fundamental questions of social organization. These tensions emerged in the complex relationship between family and individual rights, the delicate balance between private and collective ownership, and the role of state patriarchy in providing social welfare.

This article examines India’s energy transition agenda, which the central government drives to reduce the impact of climate change through the development of renewable energy. It presents a case study of the ‘Oran Land’ in the Thar desert in India, which is affected by the country’s energy transition agenda. It further highlights issues relating to human rights infringement linked to corporations undertaking the transition and operating in the ‘Orans’—a community-protected land. The article concludes with discussions on legislative developments in India and global best practices that seek to mainstream human rights into business practice and further strengthen compliance with the United Nations Guiding Principles on Business and Human Rights.

The Paris Agreement’s commitment to achieve net-zero greenhouse gas emissions by 2050 has resulted in an uptick in environmental laws and regulations. However, such state conduct could implicate other legal obligations and norms, including international investment law and international human rights law. The conversation about human rights, net-zero and investment treaties, including arbitration cases and arbitral awards under the treaties, is in its relative infancy. This article examines how investment treaties are equipped to reconcile relevant norms with a particular focus on corporate codes and policies that pronounce broad commitments to protecting human rights and the environment. It establishes certain principles to guide parties and arbitral tribunals as to the codes while recognizing the inevitable challenges they will face.

Reflecting on the civil claim filed in France under the French Duty of Vigilance law (LdV) by members of the Union Hidalgo community in Mexico against the energy company Electricité de France (EDF), this article explores interactions between human rights due diligence in renewable energy projects. The lawsuit is one of the first cases brought under the LdV, and the first case claiming violations of Indigenous rights. The rights violations experienced by the community—the lack of free, prior and informed consent and violence against human rights defenders—epitomize the reality of harmful corporate tactics in the energy and extractive industries. Whereas the LdV enshrines a process through which communities affected by harmful corporate practices can access transnational legal avenues for redress, inconsistencies and ambiguities within the law call into question its ability to effectively regulate the human rights activities of French corporations involved in renewable energy projects.

The scramble to extract critical energy transition minerals creates risk of widespread negative human rights impacts. A just transition in the extraction of critical minerals must involve deep examination of the mine-community interface to gain a better understanding of the drivers of successful engagement between mining companies and communities. Drawing on fieldwork in South America’s lithium triangle, this paper finds that the nature of the corporate-community relationship is increasingly key to enabling a just transition whereby communities participate in the benefits of extraction with negative impacts mitigated. It establishes that key success factors are related to empowerment of Indigenous communities and have the potential to maximise positive outcomes for communities in the context of lithium extraction. Governments and companies must embed a more bottom-up process with an end goal of communities themselves defining the parameters of what a just transition means in the critical minerals context.

This article examines the concept of just energy transition in the context of Africa. It explores two key imperatives: (1) social inclusion and (2) an environmental rights-based approach to promote just energy transitions within African countries. The article looks at social inclusion from the perspective of local communities that host energy infrastructures, highlighting potential injustices and negative impacts that may arise from the energy transition. It further argues that social inclusion and environmental rights-based approaches can be useful tools for achieving just energy transitions in Africa. The article also analyses strategies that underpin social inclusion and environmental rights-based approaches within the governance and legal frameworks for energy transition projects in Africa, including empowering local communities to ensure the transition aligns with their socio-economic standing. The article suggests that adopting socially inclusive and environmental rights-based imperatives are significant steps towards overcoming and addressing injustices in energy transition projects in Africa.

African countries have increasingly emphasized adopting lower carbon, more efficient and environmentally responsible energy systems. Despite these efforts, little progress has been made in addressing the adverse human rights impacts of energy transition programs and projects, and the responsibilities of extractive sector corporations and operators. Existing legal and institutional frameworks supporting human rights face hindrances in adapting to local contexts to pursue clean energy transition and energy justice. Through the lens of community engagement, gender equality and other rights-based approaches, this article argues that socially excluding vulnerable groups in accessing energy markets is primarily a function of consolidating energy delivery in a way that navigates current discrimination and responds to the central roles played by different actors. The article explores how energy is produced, extracted, distributed and shared to help outline a future agenda for shaping discussions on just transitions in Africa, emphasizing the prioritization of fairness in these efforts.

The special issue brings together diverse academic and practitioner perspectives to explore the legal and governance aspects of implementing a just transition in practice. Recent studies have highlighted how efforts to advance clean energy transition programs in energy and extractive sectors have been increasingly linked to social exclusions, greenwashing, rising energy poverty levels and constraints to access to land and other resources in already vulnerable communities. While the need for a just transition is clear, an interdisciplinary and multijurisdictional examination of the practical challenges and gaps in the design and implementation of just transition programs has remained sparse. This special issue seeks to fill this gap in the existing literature. Through thematic and geographical case studies, the contributions herein critically examine the social, environmental and human rights implications of the clean energy transition, illuminating what a just transition should entail and how it can be realized in diverse contexts.

This article explores a feminist approach to energy justice. In business and human rights to date, there has been little attention to the gendered dynamics in energy transition, mirroring the lack of attention to the rights of women and girls within broader energy and energy transition discourses. Without this attention, there is a risk that energy transition efforts maintain, increase, or create new gendered inequalities, rather than diminish them. With a focus on the distributional, recognitional and procedural dimensions of energy systems, the concept of energy justice holds much potential for the field of business and human rights. Taking women’s participation in energy transition policy-making in Sub-Saharan Africa as a concrete example, we argue that a feminist approach to energy justice could be one way of operationalizing a more gender-transformative energy transition.