Part 1 of this article examined the issues surrounding the triple planetary crisis of climate change, biodiversity loss and pollution, and why this crisis is considered to be the biggest threat to human rights globally. The question of whether industrial activities should be permitted in national parks which harbour ecosystems that contribute to climate regulation, nutrient cycling and carbon sequestration was also explored. As pointed out in Part 1, the envisaged industrial activities in biodiversity hotspots such as the Tsau ||Khaeb National Park (TKNP) come with the risks of displacement of local people, environmentally unsound development of infrastructure for heavy vehicles, pollution of both the land and sea, damage to pristine environments and ecosystems, migration of labourers into the pristine areas, and development of ports which pose greater threats for the country. The hydrogen-production projects in Namibia, including the Hyphen project in the TKNP, are currently regulated only by Memorandums of Understanding – a form of contract that is usually not legally binding as it is merely a precursor to a formal binding contractual arrangement. No specific and adequate policy or legal framework is in place to regulate the implementation, control, evaluation and monitoring of green hydrogen production in Namibia. This part of the article focuses on the non-compliance with existing legal frameworks and the general lack of a legal framework regulating this sector. The lack of community consultations, and the legal validity of the recently established Green Hydrogen Council, are also discussed.

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