International Court of Justice opens case on responsibilities of states to act on climate change by ICJ, Save the Children, IPS News, CIEL, agencies 9:20am 8th Dec, 2024   Dec. 2024    The International Court of Justice on December 2, 2024 began its deliberations into the obligations under international law of UN member states to protect people and ecosystems from climate change.    The case was started by the Pacific Islands Students Fighting Climate Change (PISFCC) with the support of Ishmael Kalsakau, the then prime minister of the Pacific island of Vanuatu.    Vanautu will be the first of 98 countries that will make presentations during the fortnight of hearings, after which the court will give an advisory opinion.    A few UN member states responsible for the majority of emissions have breached international law, Ralph Regenvanu, a special climate envoy from Vanuatu, told the International Court of Justice in the Hague in his opening address.    Regenvanu said his nation of islands and people had built vibrant cultures over millennia “that are intimately intertwined with our ancestral lands and seas. Yet today, we find ourselves on the front lines of a crisis we did not create.”    Arnold Kiel Loughman, Attorney General of Vanuatu, said it was for the ICJ to uphold international law and hold states accountable for their actions.    “How can the conduct that has taken humanity to the brink of catastrophe, threatening the survival of entire peoples, be lawful and without consequences?” Loughman asked.    “We urge the Court to affirm in the clearest terms that this conduct is in breach of the obligations of states and international law, and that such a breach carries consequences.”    Margaretha Wewerinke-Singh, the lead counsel for Vanuatu and the Melanesian Spearhead Group, said some states had breached international law through their acts and omissions.    She said this included issuing licences for fossil fuel extraction and granting subsidies to the fossil fuel industry, as well as failure to regulate emissions or to provide finance under the UN framework convention on climate change (UNFCCC).    Wewerinke-Singh said responsible states were required to make full reparation for the injury they had caused and this must be “proportionate to historic contributions to the harm”. She said this could include monetary compensation in addition to cash committed under the UNFCCC.    Cynthia Houniuhi, the head of the Pacific Island Students Fighting Climate Change, which had initiated the action, said climate change was undermining “the sacred contract” between generations.    “Without our land, our bodies and memories are severed from the fundamental relationships that define who we are. Those who stand to lose are the future generations. Their future is uncertain, reliant upon the decision-making of a handful of large emitting states.”    Throughout the day, countries impacted by climate change told the ICJ that climate change agreements did not preclude other aspects of international law. During it’s first day of hearings, the court heard from Vanuatu and Melanesian Spearhead Group, South Africa, Albania, Germany, Antigua and Barbuda, Saudi Arabia, Australia, the Bahamas, Bangladesh and Barbados.    Barbados gave graphic examples of how climate change affects the country and asked the court to consider robust obligations on states to mitigate their greenhouse gas emissions.    “Climate change is not some unstoppable force that individual states have no control over. We must cut through the noise and accept that those whose activities have led to the current state of global affairs must offer a response that is commensurate with the destruction that has been caused. There is no parity, there is no fairness, there is no equity,” Bahamas attorney general Ryan Pinder told the court.    Showing a photograph of piles of what looked like refuse, Pinder recalled the impact of Hurricane Dorian.    “You can easily mistake this photograph for a pile of rubbish. However, what you are looking at are lost homes and lost livelihoods. A 20-foot storm surge rushed through the streets of these islands, contributing to approximately 3 billion US dollars in economic damage. That’s about 25 percent of our annual GDP in just two days. The results of such a storm are real.    They include displaced people, learning loss, livelihoods, and lost and missing loved ones, all because some countries have ignored the warning signs of the climate crisis.”    “It is time for these polluters to pay. The IPCC has been telling us for years that the only way to stop a warming planet is to make deep, rapid and sustained cuts in the global greenhouse gas emissions. The world needs to reach net zero emissions by 2050, which requires a cut in the GHG emissions by at least 43 percent in the next five years. Industrial states need to take urgent action now and provide reparations for their decades of neglect.”    The ICJ’s hearings and advisory opinion are unique in that they do not focus solely on a single aspect of international law. Instead, they include the UN Charter, the International Covenants on Civil and Political Rights and on Economic, Social, and Cultural Rights, the UN Framework Convention on Climate Change, the Paris Agreement, the UN Convention on the Law of the Sea, the duty of due diligence, the Universal Declaration of Human Rights, the principle of prevention of significant harm to the environment, and the duty to protect and preserve marine environments.    The court will give its opinion on the obligations of states under international law to ensure the protection of the climate system for present and future generations.    It will also consider the legal consequences of causing significant harm to the climate system and the environment and its impact on other states, including “small island developing states (SIDS), which are affected by climate change, and peoples and individuals, both present and future generations, affected by the adverse effects of climate change.”    Attorney General Graham Leung of Fiji says the court isn’t a substitute for negotiations, which are complex and painstakingly slow.    “The ICJ opinion will be precedent-setting. That is to say it will cover and discuss and analyze the legal issues and the scientific issues, and it will come to a very, very important or authoritative decision that will carry great moral weight.    While the court doesn’t have enforcement rights and while it won’t be legally binding, it will work through moral persuasion.    “It’s going to be a very brave country that will stand up against an advisory opinion on the International Court of Justice, because if you are in that minority that violates the opinion of the court, you can be regarded as a pariah or as an outlaw in the international community.”    The hearings come as the outcome of the COP29 negotiations was met with criticism, especially with regard to the financing of the impacts of climate change.    Ahead of the hearings, WWF Global Climate and Energy Lead and COP20 President Manuel Pulgar-Vidal said, “With most countries falling far short of their obligations to reduce emissions and protect and restore nature, this advisory opinion has the potential to send a powerful legal signal that states cannot ignore their legal duties to act.”    Other criticisms of the present status quo include a belief that the Nationally Determined Contributions (NDCs) are inadequate, and climate finance, intended as a polluter pays mechanism, has failed to reach those most affected, with, for example, the Pacific countries only receiving 0.2 percent of the USD 100 billion a year climate finance pledge.    Cristelle Pratt, Assistant Secretary General of the Organization of African, Caribbean, and Pacific States (OACPS), agrees that the court’s decision will make it easier to negotiate on climate finance and loss and damage provisions by making that clearer.    It’s expected the ICJ to publish its final advisory opinion in 2025.    http://www.icj-cij.org/multimedia/204420 http://www.icj-cij.org/case/187 http://www.ipsnews.net/2024/12/small-island-states-demand-international-court-look-beyond-climate-treaties-justice/ http://www.ciel.org/news/historic-climate-justice-hearings/ http://www.ciel.org/news/historic-climate-justice-hearings-icj/ http://www.savethechildren.net/news/pacific-youth-hope-historic-hearing-hague-delivers-climate-justice-where-cop-did-not http://www.rightsoffuturegenerations.org/the-principles http://www.ohchr.org/en/documents/general-comments-and-recommendations/crccgc26-general-comment-no-26-2023-childrens-rights    http://www.theguardian.com/environment/2024/dec/02/handful-of-countries-responsible-for-climate-crisis-icj-court-told http://wmo.int/news/media-centre/2024-track-be-hottest-year-record-warming-temporarily-hits-15degc http://www.ipcc.ch/reports http://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session57/advance-versions/A-HRC-57-30-AEV.pdf http://academic.oup.com/bioscience/advance-article/doi/10.1093/biosci/biae087/7808595 http://www.pik-potsdam.de/en/news/latest-news/25-of-35-planetary-vital-signs-at-record-extremes-2024-state-of-the-climate-report    Oct. 2024    Greenhouse gases surged to new highs in 2023. (WMO)    Greenhouse gas levels surged to a new record in 2023, committing the planet to rising temperatures for many years to come, according to a report from the World Meteorological Organization (WMO). Carbon dioxide (CO2) is accumulating in the atmosphere faster than any time experienced during human existence, rising by more than 10% in just two decades.    In the course of 2023, large vegetation fire CO2 emissions and a possible reduction in carbon absorption by forests combined with stubbornly high fossil fuel CO2 emissions from human and industrial activities to drive the increase, according to the WMO’s annual Greenhouse Gas Bulletin.    The globally-averaged surface concentration of CO2 reached 420.0 parts per million (ppm), methane 1 934 parts per billion and nitrous oxide 336.9 parts per billion (ppb) in 2023. These values are 151%, 265% and 125% of pre-industrial (before 1750) levels, it said. These are calculated on the basis of the long-term observations within the Global Atmosphere Watch network of monitoring stations.    “Another year. Another record. This should set alarm bells ringing among decision makers. We are clearly off track to meet the Paris Agreement goal of limiting global warming to well below 2°C and aiming for 1.5°C above pre-industrial levels. These are more than just statistics. Every part per million and every fraction of a degree temperature increase has a real impact on our lives and our planet,” said WMO Secretary-General Celeste Saulo.    “The Bulletin warns that we face a potential vicious cycle. Natural climate variability plays a big role in carbon cycle. But in the near future, climate change itself could cause ecosystems to become larger sources of greenhouse gases. Wildfires could release more carbon emissions into the atmosphere, whilst the warmer ocean might absorb less CO2. Consequently, more CO2 could stay in the atmosphere to accelerate global warming. These climate feedbacks are critical concerns to human society,” said WMO Deputy Secretary-General Ko Barrett.    From 1990 to 2023, radiative forcing – the warming effect on our climate - by long-lived greenhouse gases increased by 51.5%, with CO2 accounting for about 81% of this increase, according to the National Oceanic and Atmospheric Administration Annual Greenhouse Gas Index cited in the WMO Bulletin.    As long as emissions continue, greenhouse gases will continue accumulating in the atmosphere leading to global temperature rise. Given the extremely long life of CO2 in the atmosphere, the temperature level already observed will persist for several decades even if emissions are rapidly reduced to net zero.    The last time the Earth experienced a comparable concentration of CO2 was 3-5 million years ago, when the temperature was 2-3°C warmer and sea level was 10-20 meters higher than now..    Oct. 2024    UN Climate Change Executive Secretary Simon Stiell on the release of the 2024 Nationally Determined Contributions (NDC) Synthesis Report. The report assesses the combined impact of nations’ current national climate plans (NDCs) on expected global emissions in 2030, among other measures:    "Today’s NDC Synthesis Report must be a turning point, ending the era of inadequacy and sparking a new age of acceleration, with much bolder new national climate plans from every country due next year.    The report’s findings are stark but not surprising – current national climate plans fall miles short of what’s needed to stop global heating from crippling every economy, and wrecking billions of lives and livelihoods across every country.    By contrast, much bolder new national climate plans can not only avert climate chaos – done well, they can be transformational for people and prosperity in every nation.    Bolder new climate plans are vital to drive stronger investment, economic growth and opportunity, more jobs, less pollution, better health and lower costs, more secure and affordable clean energy, among many others benefits.    As expected, with countries currently working to put together new NDCs due next year, this year’s report shows only fractional progress compared to what is expected – and urgently needed – next year.    Current plans combined – if fully implemented – would see emissions of 51.5 gigatonnes of CO2 equivalent in 2030 - a level only 2.6 per cent lower than in 2019. Greenhouse gas pollution at these levels will guarantee a human and economic trainwreck for every country, without exception.    The Intergovernmental Panel on Climate Change notes that greenhouse gas emissions need to be cut 43% by 2030, compared to 2019 levels. By 2035, net global greenhouse gas emissions need to be cut by 60% compared to 2019 levels. This is critical to limiting global heating to 1.5°C this century to avert the worst climate impacts. Every fraction of a degree matters, as climate disasters get rapidly worse"..    Oct. 2024    Continuing with current climate policies will lead to 3.1°C of calamitous global warming. (UNEP)    Nations must collectively commit to cutting 42 per cent off annual greenhouse gas emissions by 2030 and 57 per cent by 2035 in the next round of Nationally Determined Contributions (NDCs) – and back this up with rapid action – or the Paris Agreement’s 1.5°C goal will be gone within a few years, according to a new UN Environment Programme (UNEP) report.    Updated NDCs are to be submitted early next year ahead of the COP30 climate talks in Brazil. UNEP’s Emissions Gap Report 2024: No more hot air … please! finds that a failure to increase ambition in these new NDCs and start delivering immediately would put the world on course for a temperature increase of 2.6-3.1°C over the course of this century. This would bring debilitating impacts to people, planet and economies.    The 2.6°C scenario is based on the full implementation of current unconditional and conditional NDCs. Implementing only current unconditional NDCs would lead to 2.8°C of warming.    Continuing with current policies only would lead to 3.1°C of warming. Under these scenarios – which all operate on a probability of over 66 per cent – temperatures would continue to rise into the next century.    Adding additional net-zero pledges to full implementation of unconditional and conditional NDCs could limit global warming to 1.9°C, but there is currently low confidence in the implementation of these net-zero pledges.    “The emissions gap is not an abstract notion,” said António Guterres, UN Secretary-General, in a video message on the report. “There is a direct link between increasing emissions and increasingly frequent and intense climate disasters.    Around the world, people are paying a terrible price. Record emissions mean record sea temperatures supercharging monster hurricanes; record heat is turning forests into tinder boxes and cities into saunas; record rains are resulting in biblical floods.    “Today’s Emissions Gap report is clear: we’re playing with fire; but there can be no more playing for time. We’re out of time. Closing the emissions gap means closing the ambition gap, the implementation gap, and the finance gap. Starting at COP29.”    The report also looks at what it would take to get on track to limiting global warming to below 2°C. For this pathway, emissions must fall 28 per cent by 2030 and 37 per cent from 2019 levels by 2035 – the new milestone year to be included in the next NDCs.    “Climate crunch time is here. We need global mobilization on a scale and pace never seen before – starting right now, before the next round of climate pledges – or the 1.5°C goal will soon be dead and well below 2°C will take its place in the intensive care unit,” said Inger Andersen, Executive Director of UNEP.    “I urge every nation: no more hot air, please. Use the upcoming COP29 talks in Baku, Azerbaijan, to increase action now, set the stage for stronger NDCs, and then go all-out to get on a 1.5°C pathway.    “Even if the world overshoots 1.5°C – and the chances of this happening are increasing every day – we must keep striving for a net-zero, sustainable and prosperous world. Every fraction of a degree avoided counts in terms of lives saved, economies protected, damages avoided, biodiversity conserved and the ability to rapidly bring down any temperature overshoot.”    The consequences of delayed action are also highlighted by the report. The cuts required are relative to 2019 levels, but greenhouse gas emissions have since grown to a record high of 57.1 gigatons of carbon dioxide equivalent in 2023. While this makes a marginal difference to the overall cuts required from 2019-2030, the delay in action means that 7.5 per cent must be shaved off emissions every year until 2035 for 1.5°C, and 4 per cent for 2°C. The size of the annual cuts required will increase with every year’s delay.    1.5°C still technically possible, but massive effort needed    The report shows that there is technical potential for emissions cuts in 2030 up to 31 gigatons of CO2 equivalent – which is around 52 per cent of emissions in 2023 – and 41 gigatons in 2035. This would bridge the gap to 1.5°C in both years, at a cost below US$200 per ton of CO2 equivalent.    Increased deployment of solar photovoltaic technologies and wind energy could deliver 27 per cent of the total reduction potential in 2030 and 38 per cent in 2035. Action on forests could deliver around 20 per cent of the potential in both years. Other strong options include efficiency measures, electrification and fuel switching in the buildings, transport and industry sectors.    This potential illustrates it is possible to meet the COP28 targets of tripling renewable energy capacity by 2030, doubling the global average annual rate of energy efficiency improvements by 2030, transitioning away from fossil fuels, and conserving, protecting and restoring nature and ecosystems.    However, delivering on even some of this potential will require unprecedented international mobilization and a whole-of-government approach, focusing on measures that maximize socioeconomic and environmental co-benefits and minimize trade-offs.    A minimum six-fold increase in mitigation investment is needed for net-zero – backed by reform of the global financial architecture, strong private sector action and international cooperation. This is affordable: the estimated incremental investment for net-zero is US$0.9-2.1 trillion per year from 2021 to 2050 – investments that would bring returns in avoided costs from climate change, air pollution, damage to nature and human health impacts. For context, the global economy and financial markets are worth US$110 trillion per year.    The G20 members, responsible for the bulk of total emissions, must do the heavy lifting. However, this group is still off track to meet even current NDCs. The largest-emitting members will need to take the lead by dramatically increasing action and ambition now and in the new pledges.    G20 members, minus the African Union, accounted for 77 per cent of emissions in 2023. The addition of the African Union as a permanent G20 member, which more than doubles the number of countries represented from 44 to 99, brings the share up by only 5 per cent to 82 per cent – highlighting the need for differentiated responsibilities between nations.    Stronger international support and enhanced climate finance will be essential to ensure that climate and development goals can be realized fairly across G20 members and globally.    The report also lays out how to ensure the updated NDCs are well-designed, specific and transparent so they can meet any new targets put in place. NDCs must include all gases listed in the Kyoto Protocol, cover all sectors, set specific targets, be explicit about conditional and unconditional elements and provide transparency around how the submission reflects a fair share of effort and the highest possible ambition.    They must also detail how national sustainable development goals can be achieved at the same time as efforts to reduce emissions, and include detailed implementation plans with mechanisms for review and accountability.    For emerging market and developing economies, NDCs should include details on the international support and finance they need.    http://unfccc.int/news/new-un-climate-change-report-shows-national-climate-plans-fall-miles-short-of-what-s-needed http://wmo.int/news/media-centre/2024-track-be-hottest-year-record-warming-temporarily-hits-15degc http://climate.copernicus.eu/copernicus-2024-virtually-certain-be-warmest-year-and-first-year-above-15degc http://wmo.int/news/media-centre/greenhouse-gas-concentrations-surge-again-new-record-2023 http://www.unep.org/news-and-stories/press-release/nations-must-close-huge-emissions-gap-new-climate-pledges-and http://www.unep.org/resources/emissions-gap-report-2024 http://www.carbonbrief.org/unep-new-climate-pledges-need-quantum-leap-in-ambition-to-deliver-paris-goals/ http://www.unep.org/news-and-stories/press-release/huge-uplift-needed-climate-adaptation-starting-finance-commitment http://insideclimatenews.org/news/28102024/cop29-climate-reports-greenhouse-gas-emissions    PIK Assessment on COP29 closing:    Johan Rockstrom, Earth system scientist and Co-Director of the Potsdam Institute for Climate Impact Research (PIK):    “The Baku agreement of raising 300 billion dollars of public money annually from multiple sources by 2035 fails on several accounts. Too little, too late, from too many sources. Global emissions must be reduced by 7.5 percent per year to avoid unmanageable global outcomes as the world breaches the 1.5°C limit. Starting by taking off 3 billion tonnes of CO2 in 2025. We cannot wait for public climate finance another ten years, by which time loss-and-damage costs will have gone through the roof. Our only chance is full focus on financing and implementing emission cuts now. Furthermore, to solve the climate crisis we need to redirect the entire global economy away from fossil-fuel based growth".    Ottmar Edenhofer, climate economist and Co-Director of the Potsdam Institute for Climate Impact Research:    “The climate summit in Baku was not a success, but at best the avoidance of a diplomatic disaster. It is now abundantly clear that we need additional negotiation formats for the global fight against the climate crisis. It is now important to link climate financing for the Global South, which was the main topic of discussion in Baku, to emissions reduction. Donor states in the wealthy North should mobilise the funds by pricing oil, coal and gas. Second, the money should ideally only flow if the recipient country demonstrably reduces their greenhouse gas emissions".    http://www.pik-potsdam.de/en/news/latest-news/at-best-the-avoidance-of-a-diplomatic-disaster-pik-assessment-on-cop29-closing http://www.theguardian.com/environment/2024/nov/24/cop29-climate-finance-deal-criticised-travesty-justice-stage-managed http://climatenetwork.org/2024/11/23/cop29_betrayal_in_baku/ http://www.carbonbrief.org/cop29-key-outcomes-agreed-at-the-un-climate-talks-in-baku/ http://www.carbonbrief.org/webinar-carbon-brief-journalists-discuss-cop29s-key-outcomes/ http://www.hrw.org/news/2024/11/25/lack-progress-cop29-puts-rights-risk http://www.un.org/sg/en/content/sg/statement/2024-11-23/un-secretary-general-statement-cop29    http://climatenetwork.org/resource/cop29-annual-policy-document-achieving-fair-climate-finance-to-deliver-resilience-ambition-and-a-just-transition/ 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http://www.greenpeace.org.uk/news/taxing-fossil-fuel-giants-could-raise-720-bn-by-2030-to-help-worlds-poorest-with-climate-damages-new-report-finds/ http://tinyurl.com/3bbbhj29 http://www.theguardian.com/environment/2024/apr/29/taxing-big-fossil-fuel-firms-raise-billions-climate-finance    http://www.lse.ac.uk/granthaminstitute/news/new-report-recommends-cop29-negotiations-on-climate-finance-should-focus-on-mobilising-1-trillion-per-year-for-developing-countries-by-2030/ http://globalsolidaritylevies.org/cop29-global-solidarity-levies-task-force-progress-report-unveils-options-for-solidarity-levies/ http://www.ipsnews.net/2024/11/explainer-taxes-on-cryptocurrencies-and-plastics-to-boost-climate-finance/ http://www.ipsnews.net/news/environment/ http://www.ipcc.ch/reports Visit the related web page
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