COP26 Outcomes and Challenges for International Law

When COP26 opened in November 2021, expectations were exceptionally high. Delayed for a year because of the COVID-19 pandemic, the summit was seen as a critical moment for both climate governance and the growing recognition of the relationship between climate change and human rights.

Although many observers criticized the final outcomes as insufficiently ambitious, Alexandra R. Harrington argues that COP26 should be understood more carefully. While headline progress on emissions cuts and finance may have disappointed many, Glasgow made important advances in embedding human rights concerns within climate governance structures.

Climate Change and Human Rights Before COP26

The connection between climate change and human rights had already been recognized in earlier agreements, especially the Paris Agreement.

The Paris Agreement acknowledges that climate change is a common concern of humankind and links climate action with:

• sustainable development

• poverty eradication

• equity

• intergenerational justice

• protection of vulnerable groups

Its framework also highlights the disproportionate impact of climate change on:

• women

• children

• indigenous peoples

• migrants

• persons with disabilities

• least developed countries

• small island developing states

The Agreement therefore created an institutional basis for integrating climate policy with human rights protections.

Why Expectations Were Higher in 2021

Between COP25 and COP26, several developments intensified demands for action:

COVID-19 Pandemic

The pandemic exposed inequalities, especially among vulnerable communities, while also drawing attention to zoonotic risks linked to environmental degradation.

IPCC Scientific Warnings

The 2021 report of the Intergovernmental Panel on Climate Change emphasized increasingly severe short- and long-term risks from global warming.

Migration and Displacement

Climate-related migration and internal displacement continued to grow as an urgent governance challenge.

Together, these developments strengthened calls to treat climate change not only as an environmental issue, but as a profound human rights issue.

Human Rights Outcomes at COP26

Harrington argues that Glasgow’s achievements were less about dramatic legal breakthroughs and more about institutionalizing human rights considerations across climate governance.

1. Glasgow Climate Pact Recognition

The Glasgow Climate Pact recognized:

• the importance of climate justice

• the role of indigenous peoples

• local communities

• civil society

• youth and children

This language reinforced growing international acceptance that climate governance must be socially inclusive.

2. Gender Equality and Women’s Participation

The Pact urged parties to:

• increase the full, meaningful, and equal participation of women in climate action

• ensure gender-responsive implementation of climate measures

This reflected evidence that both climate change and the pandemic disproportionately harmed women economically and socially.

3. Indigenous and Local Community Participation

COP26 advanced the Local Communities and Indigenous Peoples Platform, an initiative designed to ensure indigenous knowledge and community perspectives are integrated into climate policymaking.

This was significant because indigenous communities often possess critical expertise in biodiversity stewardship, land management, and adaptation strategies.

4. Youth Empowerment

Glasgow also elevated the role of youth movements, acknowledging their influence in pushing climate ambition globally.

Youth participation became a recognized part of climate governance rather than merely outside activism.

5. Action for Climate Empowerment (ACE)

COP26 launched the Glasgow Work Programme on Action for Climate Empowerment, which promotes:

• climate education

• public awareness

• participation

• access to information

• intergenerational equity

• long-term capacity building

This connected democratic participation with effective climate action.

6. Socially Inclusive Transition Policies

The conference also advanced work on the impacts of response measures—meaning the economic and social effects of shifting toward low-carbon systems.

Recommendations emphasized that climate transition policies should include:

• labour protections

• social welfare measures

• economic inclusion

• participation by affected communities

• public and private sector coordination

This reflects the growing concept of a just transition.

Why These Outcomes Matter

Harrington’s central argument is that COP26 did not radically transform climate law overnight, but it deepened the integration of human rights into climate governance.

This matters because climate measures themselves can either:

Protect Rights

Through cleaner air, food security, disaster resilience, participation, and equitable development.

Harm Rights

If poorly designed—for example through exclusion, displacement, unequal burdens, or labour disruption.

Thus, climate governance must be built in a rights-sensitive way.

The Slow but Important Evolution of Climate Law

The article notes frustration that climate negotiations often move slowly compared with emergency responses such as pandemic regulation.

However, rushed legal responses can also create long-term harms. Therefore, gradual but deliberate institutional development may be necessary when designing systems that affect fundamental rights.

Conclusion

Alexandra Harrington concludes that COP26 represented a meaningful, if incomplete, step forward in recognizing the inseparable link between climate change and human rights.

Glasgow strengthened attention to:

• indigenous peoples

• women

• youth

• vulnerable states

• equitable participation

• socially just transitions

Future progress, however, will require more comprehensive and holistic integration of human rights norms into climate law. The challenge ahead is not simply reducing emissions, but doing so in ways that protect both planetary boundaries and human dignity.