Read The Times Australia

Daily Bulletin

COP30: Pacific leaders now have world court backing to call countries to account over climate risk

  • Written by: John Sibanda, Research Assistant in Law, Te Herenga Waka — Victoria University of Wellington

At the COP30 climate summit in Brazil, Pacific Island states are making a familiar plea to keep warming at 1.5°C. But now they have the backing of a legal opinion that has transformed climate action from a moral and political aspiration into an obligation under international law.

Earlier this year, the International Court of Justice (ICJ) issued an advisory opinion rejecting the narrow view that only specific treaties such as the Paris Agreement govern state conduct on climate change.

Instead, it presented a framework based on human rights law, the law of the sea, environmental treaties, customary international law and general principles of law to reinforce that states have a legal duty to adopt and maintain ambitious climate measures.

For small island states, which contribute a fraction of global emissions yet face the gravest threats from rising seas, the opinion offers both vindication and leverage. It strengthens the shift from moral persuasion toward legal accountability.

For decades, climate diplomacy has operated in an ambiguous space between moral appeals and political compromises. With this opinion, the court has signalled the end of the age of discretionary climate governance.

States now face legal obligations that are substantive, enforceable and global in scope. The implications for Aotearoa New Zealand are particularly acute.

From diplomacy to due diligence

Days after the opinion was handed down, parliament passed the Crown Minerals Amendment Act, reopening the door to offshore oil and gas exploration.

Since then, the government has announced a new energy policy that relies on imports of liquefied natural gas, a weakened climate-related financial disclosure regime and a suite of changes to New Zealand’s landmark climate law.

Under the ICJ’s reasoning, such decisions may now carry legal consequences. For example, the repeal of the offshore oil and gas ban can no longer be seen merely as a domestic policy shift but as a move inconsistent with legal obligations.

States that issue fossil fuel licences, subsidise emissions-intensive industries or fail to adopt adequate mitigation targets could face claims of internationally wrongful acts.

Without a rigorous emissions reduction pathway reflecting “highest possible ambition” or a credible plan for a just transition, such actions risk undermining New Zealand’s international credibility and may place it in breach of emerging international legal norms.

COP30: Pacific leaders now have world court backing to call countries to account over climate risk
Coral Pasisi, now the director of climate change and sustainability at the Pacific Community, giving evidence during the ICJ hearings. Frank van Beek/ICJ, CC BY-SA

For Pacific nations, the ICJ’s opinion holds more than symbolic significance. It gives them new leverage.

In negotiations such as the annual climate summits and climate financing forums, these states can now point to the ICJ’s conclusions to press for more decisive action, greater accountability and reparations for loss and damage.

Pacific leaders have long insisted that climate obligations are real. The challenge ahead is not only to implement these obligations, but also to utilise them strategically and courageously. Without careful legal and political strategising, the full significance of this judgement may go unrealised.

What the court said

The campaign for an ICJ advisory opinion emerged from mounting frustration in the Pacific over the failure of multilateral climate diplomacy and the treaty system to deliver tangible results.

Led by Vanuatu, it gained momentum in 2019 when Pacific Island Students Fighting Climate Change took it to the ICJ. By 2020, the growing disconnect between international climate diplomacy and the day-to-day experiences of Pacific nations had become impossible to ignore.

The court’s opinion delivers clarity on several fronts. It confirms that states have binding obligations to prevent and mitigate climate harm under a range of international legal frameworks.

In light of the scientific consensus, these duties require urgent and decisive action. This includes not only setting and regularly updating robust national climate plans under the Paris Agreement but also regulating private actors.

While some states argued their pledges (known as Nationally Determined Contributions) under the Paris Agreement fall entirely within their discretion, the court disagreed. It held they must exercise due diligence when formulating pledges to ensure that, collectively, they contribute to the 1.5°C temperature goal.

The court confirmed that the obligation to prevent significant environmental harm — a principle of customary international law — applies to the climate system and binds all states, including those not party to or planning to exit climate treaties.

As part of their due diligence duty, states are expected to adopt effective laws and policies that support rapid and sustained reductions in greenhouse gas emissions.

Scientific uncertainty can no longer be used as a justification for delay. Instead, precautionary measures are required, including thorough environmental risk assessments for proposed activities with potential climate impacts.

Failure to act decisively, whether through inaction or inadequate regulation, may breach international law and result in legal consequences.

This can trigger a range of consequences under the law of state responsibility, including the obligation to cease the harmful conduct, to offer assurances of non-repetition and to provide full reparation.

The ICJ also confirmed that sea level rise, even to the extent of complete submergence, does not automatically strip a country of its rights under international law. This means Pacific Island nations can retain sovereignty over their exclusive economic zones, including access to marine resources, even if their land territory becomes uninhabitable.

Authors: John Sibanda, Research Assistant in Law, Te Herenga Waka — Victoria University of Wellington

Read more https://theconversation.com/cop30-pacific-leaders-now-have-world-court-backing-to-call-countries-to-account-over-climate-risk-262616

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...

How Non-Competitive Sports Programs Benefit Early Childhood Development

Australia is known globally as a sporting nation, yet recent statistics paint a surprisingly differe...

The Hidden Health Impacts of Digital Screens on Developing Eyes

Modern Australian childhood is undeniably intertwined with technology. From educational tablets in p...

GRC Consulting and Cyber Security Consulting for Businesses

Businesses face risks such as ransomware attacks, data breaches, violations of regulatory standards ...

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...

From Coastal Calm to Classic Comfort: The Right Carpet for Every Style of Home

Carpet is often chosen near the end of a room makeover, after the walls, furniture, and lighting h...