Vanuatu’s special envoy to climate change says their case to the International Court of Justice (ICJ) is based on the argument that those harming the climate are breaking international law.

The case seeks an advisory opinion from the court on the legal responsibilities of countries in relation to climate change, and dozens of countries are making oral submissions.

Hearings started in The Hague with Vanuatu — the Pacific island nation that initiated the effort to obtain a legal opinion — yesterday.

Vanuatu’s Special Envoy for Climate Change and Environment  Ralph Regenvanu told RNZ Morning Report they are not just talking about countries breaking climate law.

He outlined their argument as: “This conduct — to do emissions which cause harm to the climate system, which harms other countries — is in fact a breach of international law, is unlawful, and the countries who do that should face legal consequences.”

He said they were wanting a line in the sand, even though any ruling from the court will be non-binding.

“We’re hoping for a new benchmark in international law which basically says if you pollute with cumulative global greenhouse gas emissions, you cause climate change, then you are in breach of international law,” he said.

“I think it will help clarify, for us, the UNFCCC (UN Framework Convention on Climate Change) process negotiations for example.”

Regenvanu said COP29 in Baku was frustrating, with high-emitting states still doing fossil fuel production and the development of new oil and coal fields.

What Vanuatu youth Vepaiamele Trief said… https://t.co/5cFNHhh5rd

— Ralph Regenvanu (@RRegenvanu) December 3, 2024

He said a ruling from the ICJ, though non-binding, will clearly say that “international law says you cannot do this”.

“So at least we’ll have something, sort of a line in the sand.”

Oral submissions to the court are expected to take two weeks.

Another Pacific climate change activist says at the moment there are no consequences for countries failing to meet their climate goals.

Pacific Community (SPC) director of climate change Coral Pasisi said a strong legal opinion from the ICJ might be able to hold polluting countries accountable for failing to reach their targets.

The court will decide on two questions:

• What are the obligations of states under international law to protect the climate and environment from greenhouse gas emissions?
• What are the legal consequences for states that have caused significant harm to the climate and environment?

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Vanuatu’s special envoy to climate change says their case to the International Court of Justice (ICJ) is based on the argument that those harming the climate are breaking international law.

The case seeks an advisory opinion from the court on the legal responsibilities of countries in relation to climate change, and dozens of countries are making oral submissions.

Hearings started in The Hague with Vanuatu — the Pacific island nation that initiated the effort to obtain a legal opinion — yesterday.

Vanuatu’s Special Envoy for Climate Change and Environment  Ralph Regenvanu told RNZ Morning Report they are not just talking about countries breaking climate law.

He outlined their argument as: “This conduct — to do emissions which cause harm to the climate system, which harms other countries — is in fact a breach of international law, is unlawful, and the countries who do that should face legal consequences.”

He said they were wanting a line in the sand, even though any ruling from the court will be non-binding.

“We’re hoping for a new benchmark in international law which basically says if you pollute with cumulative global greenhouse gas emissions, you cause climate change, then you are in breach of international law,” he said.

“I think it will help clarify, for us, the UNFCCC (UN Framework Convention on Climate Change) process negotiations for example.”

Regenvanu said COP29 in Baku was frustrating, with high-emitting states still doing fossil fuel production and the development of new oil and coal fields.

What Vanuatu youth Vepaiamele Trief said… https://t.co/5cFNHhh5rd

— Ralph Regenvanu (@RRegenvanu) December 3, 2024

He said a ruling from the ICJ, though non-binding, will clearly say that “international law says you cannot do this”.

“So at least we’ll have something, sort of a line in the sand.”

Oral submissions to the court are expected to take two weeks.

Another Pacific climate change activist says at the moment there are no consequences for countries failing to meet their climate goals.

Pacific Community (SPC) director of climate change Coral Pasisi said a strong legal opinion from the ICJ might be able to hold polluting countries accountable for failing to reach their targets.

The court will decide on two questions:

• What are the obligations of states under international law to protect the climate and environment from greenhouse gas emissions?
• What are the legal consequences for states that have caused significant harm to the climate and environment?

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The United Nations climate change summit COP29 has “once again ignored” the Pacific Islands, a group of regional climate advocacy organisations say.

The Pacific Islands Climate Action Network (PICAN) said today that “the richest nations turned their backs on their legal and moral obligations” as the UN meeting in Baku, Azerbaijan, fell short of expectations.

“This COP was framed as the ‘finance COP’, a critical moment to address the glaring gaps in climate finance and advance other key agenda items,” the group said.

“However, not only did COP29 fail to deliver adequate finance, but progress also stalled on crucial issues like fossil fuel phase-out, Loss and Damage, and the Just Transition Work Plan.

“The outcomes represent a catastrophic failure to meet the scale of the crisis, leaving vulnerable nations to face escalating risks with little support.”

The UN meeting concluded with a new climate finance goal, with rich nations pledging a US$300 billion annual target by 2035 to the global fight against climate change.

The figure was well short of what developing nations were asking for — more than US$1 trillion in assistance.

‘Failure of leadership’
Campaigners and non-governmental organisations called it a “betrayal” and “a shameful failure of leadership”, forcing climate vulnerable nations, such as the Pacific Islands, “to accept a token financial pledge to prevent the collapse of negotiations”.

PICAN said the pledged finance relied “heavily on loans rather than grants, pushing developing nations further into debt”.

“Worse, this figure represents little more than the long-promised $100 billion target adjusted for inflation. It does not address the growing costs of adaptation, mitigation, and loss and damage faced by vulnerable nations.

“In fact, it explicitly ignores any substantive decision to include loss and damage just acknowledging it.”

Vanuatu Climate Action Network coordinator Trevor Williams said developed nations systematically dismantled the principles of equity enshrined in the Paris Agreement at COP29.

“Their unwillingness to contribute sufficient finance, phase out fossil fuels, or strengthen their NDCs demonstrates a deliberate attempt to evade responsibility. COP29 has taught us that if optionality exists, developed countries will exploit it to stall progress.”

Kiribati Climate Action Network’s Robert Karoro said the Baku COP was a failure on every front.

‘No meaningful phase out of fossil fuels’
“Finance fell far short, Loss and Damage was weakened, and there was no meaningful commitment to phasing out fossil fuels,” he said.

“Our communities cannot wait for empty promises to materialise-we need action that addresses the root causes of the crisis and supports our survival.”

Tuvalu Climate Action Network’s executive director Richard Gokrun said the “outcome is personal”.

“Every fraction of a degree in warming translates into lost lives, cultures and homelands. Yet, the calls of the Pacific and other vulnerable nations were silenced in Baku,” he said.

“From the weakened Loss and Damage fund to the rollback on Just Transition principles, this COP has failed to deliver justice on any front.”

PICAN’s regional director Rufino Varea described the outcome of the meeting as “a death sentence for millions”.

He said the Pacific Islands have been clear that climate finance must be grants-based and responsive to the needs of frontline communities.

“Instead, developed countries are handing us debt while dismantling the principles of equity and justice that the Paris Agreement was built on. This is a betrayal, plain and simple.”

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

A new carbon credit trading deal reached in the final hours of COP29 in Baku, Azerbaijan, has been criticised as a free pass for countries to slack off on efforts to reduce emissions at home.

The deal, sealed at the annual UN climate talks nearly a decade after it was first put forward, will allow countries to buy carbon credits from others to bring down their own balance sheet.

New Zealand had set its targets under the Paris Agreement on the assumption that it would be able to meet some of it through international cooperation — “so getting this up and running is really important”, Compass Climate head Christina Hood said.

“It’s a tool, it’s neither good nor bad, but there’s going to have to be a lot of scrutiny on whether the government is taking a high-ambition, high-integrity path, or just trying to do the minimum possible.”

The plan had taken nine years to go through because countries determined to do it right had been holding out for a process with the right checks and balances in place, she said.

As it stood, countries would have to report yearly to the UN on their trading activities, but it was up to society and other countries to scrutinise behaviour.

Cindy Baxter, a COP veteran who has been at all but seven of the conferences, said it was in-line with the way Aotearoa New Zealand wanted to go about reducing its emissions.

‘We’re not alone, but . . .’
“We’re not alone, Switzerland is similar and Japan as well, but certainly New Zealand is aiming to meet by far the largest proportion of our climate target, [out of] anywhere in the OECD, through carbon trading.”

The new scheme fell under Article six of the Paris Agreement, and a statement from COP29 said it was expected to reduce the cost of implementing countries’ national climate plans by up to US$250 billion (NZ$428.5b) per year.

COP29 president Mukhtar Babayev said “climate change is a transnational challenge and Article six will enable transnational solutions. Because the atmosphere does not care where emissions savings are made.”

But Baxter said there was not enough transparency in the scheme, and plenty of loopholes. One of the issues was ensuring projects resulting in carbon credits continued to reduce emissions after the credits were traded.

“For example, if you’re trying to save some mangroves in Fiji, you give Fiji a whole bunch of money and say this is going to offset this amount of carbon, but what if those mangroves are destroyed by a drought, or a great big cyclone?”

Countries should be cutting emissions at home, she said.

“And that is something New Zealand is not very good at doing, has a really bad reputation for doing. We’ve either planted trees, or now we’re trying to throw money at offset.”

Greenpeace spokesperson Amanda Larsson said she, too, was concerned it would take the onus off big polluters to make reductions at home, calling it a “get out of jail free card”.

‘Lot of junk credits’
“Ultimately, we really need to see significant cuts in climate pollution,” she said. “And there’s no such thing as high-integrity voluntary carbon markets, and a history of a lot of junk credits being sold.”

Countries with the means to make meaningful change at home should not be relying on other countries stepping up, she said

The Green Party foreign affairs spokesperson Teanau Tuiono said there was strong potential in the proposal, but it was “imperative to ensure the framework is robust, and protects the rights of indigenous peoples at the same time as incentivising carbon sequestration”.

It should be a wake-up call to change New Zealand’s over-reliance on risky pine plantations and instead support permanent native afforestation, he said.

“This proposal emphasises how solving the climate crisis requires global collaboration on the most difficult issues. That requires building trust and confidence, by meeting commitments countries make to each other.

“Backing out of these by, for instance, restarting oil and gas exploration directly against the wishes of our Pacific relatives, is not the way do to that.”

Conference overall ‘disappointing and frustrating’
Baxter said it had been “very difficult being forced to have another COP in a petro-state”, where the host state did not have much to gain by making big progress.

“What that means is that there is not that impetus to bang heads together and get really strong agreement,” she said.

But the blame could not be placed entirely on the leadership.

“The COP process is set up to work if governments bring their A-games, and they don’t,” she said.

“People should be bringing their really strong new climate targets [and] very few are doing that.”

Another deal was clinched in overtime of the two-week conference, promising US$300 billion (NZ$514 billion) each year by 2035 for developing nations to tackle climate emissions.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

New Zealand’s Climate Change Minister Simon Watts is going to the global climate summit in Baku, Azerbaijan next week, where he will be co-leading talks on international carbon trading.

But the government has been unable to commit to using the trading mechanism he is leading high-level discussions about, and critics say he is also vulnerable over New Zealand’s backsliding on fossil fuels.

New Zealand has consistently pushed for two things in international climate diplomacy — one is ending government subsidies for fossil fuels globally, and the other is allowing carbon trading across international borders, so one country can pay for, say, switching off a coal plant in another country.

Nailing down the rules for making sure these carbon savings are real will be an area of focus for leaders at the COP29 summit, starting on 11 November.

But as Watts gets ready to attend the talks, critics say his government is vulnerable to accusations of hypocrisy on both fronts.

In a bid to bring back fossil fuel exploration, the government wants to lower financial security requirements on oil and gas companies requiring them to set aside money for the costs of decommissioning and cleaning up spills.

The coalition says the current requirements — brought in after taxpayers had to pay to deal with a defunct oil field — are so onerous they are stopping companies wanting to look for fossil fuels.

Billion dollar clean-ups
At a recent hearing, Parliament’s independent environment watchdog warned going too far at relaxing requirements could leave taxpayers footing bills of billions of dollars if a clean-up is needed.

The commission’s Geoff Simmons spoke on behalf of Commissioner Simon Upton.

“The commissioner was really clear in his submission that he wants to place on record that he doesn’t think it is appropriate for any government, present or future, to offer any subsidies, implicit or explicit, to underwrite the cost of exploration.”

The watchdog said that would tilt the playing field away from renewable energy in favour of fossil fuels.

Energy Minister Shane Jones says the government’s Bill doesn’t lower the liability for fixing damage or decommissioning oil and gas wells, which remain the responsibility of the fossil fuel company in perpetuity.

But climate activist Adam Currie says that only works if the company stays in business.

“The watering down of those key financial safeguards increases the risk of the taxpaper having to yet again pay to decommission a failed oil field.

“Simon Watts is about to go to COP and urge other countries to end fossil fuel subsidies while at home they are handing an open cheque to fossil fuels  .. This is a classic case of do as a say, not as I do.”

Getting flack not feared
Watts says he does not fear getting flack for the fossil-friendlier changes when he is in Baku, citing the government’s goal of doubling renewable energy.

“No I’m not worried about flak, New Zealand is transitioning away from fossil fuels . . . gas [from fossil fields] is going to need to be a means by which we need to transition.”

Nor does he see an issue with the fact he is jointly leading negotiations on a trading mechanism his own government seems unable to commit to using.

Watts is leading talks to nail down rules on international carbon trading with Singaporean Environment Minister Grace Fu. Her country has struck a deal to invest in carbon savings in Rwanda.

New Zealand also needs international help to meet its 2030 target, but the coalition government has not let officials pursue any deals. NZ First refuses to say if it would back this.

Watts says his leadership role is independent of domestic politics and ministers around the world are keen to nail down the rules, as is the Azerbaijan presidency.

“Our primary focus is to ensure that we get an outcome form those negotiators, our domestic considerations are not relevant.”

Paris target discussions
He said discussions on meeting New Zealand’s Paris target were still underway.

His next challenge at home is getting Cabinet agreement on how much to promise to cut emissions from 2030-2035, the second commitment period under the Paris Agreement.

Countries are being urged to hustle, with the United Nations saying current pledges have the planet on track for what it calls a “catastrophic” 2.5 to 2.9 degrees of heating.

A new pledge is due for 2030-2035 in February.

A major goal for host Azerbaijan is making progress on a deal for climate finance.

Currently OECD countries committed to pay $100 billion a year in finance to poorer countries to adapt to and prevent the impacts of climate change.

Not all the money has been paid as grants, with a large proportion given as loans.

Countries are looking to agree on a replacement for the finance mechanism when it runs out in 2025.

Watts said New Zealand would be among the nations arguing for the liability to pay to be shared more widely than the traditional list of OECD nations, bringing in other countries that can also afford to contribute.

Oil states such as UAE have already promised specific funding despite not being part of the original climate finance deal.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz