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ICJ Advisory Opinion On Climate Change
ICJ Advisory Opinion On Climate Change

Scoop

time24-07-2025

  • Politics
  • Scoop

ICJ Advisory Opinion On Climate Change

Today, the world's highest court, the International Court of Justice, released its landmark advisory opinion clarifying States' legal obligations in relation to climate change. 'The Advisory Opinion is incredibly significant. It is a defining moment for climate litigation and state responsibility on climate change', says Jessica Palairet, Executive Director of Lawyers for Climate Action NZ Inc. 'The 133-page judgment of the United Nations' top court found that: Greenhouse gas emissions have unequivocally caused climate change, which is an existential threat. States have legal duties to reduce emissions and regulate businesses' climate impacts. Granting fossil fuel exploration licenses or providing fossil fuel subsidies may constitute a breach of international law. States have to act in line with limiting warming to 1.5°C - not 2°C. States have to exercise due diligence and do everything possible to avoid causing significant harm to the climate system. States' obligations on climate change extend beyond climate treaties, also encompassing many other areas of international law, including human rights law, environmental law, and laws restricting cross-border harms.' 'The Advisory Opinion is non-binding, but it carries significant legal and moral weight. It provides an authoritative statement on states' obligations under international law that will be used by courts around the world, including in New Zealand, as they ask whether governments are meeting their legal obligations', says Palairet. 'In New Zealand, the Advisory Opinion is also of particular importance given our Free Trade Agreements with the European Union and United Kingdom require us to effectively implement the Paris Agreement. The Advisory Opinion provides greater clarity on what effectively implementing the Paris Agreement entails'. 'This Advisory Opinion provides a beacon of hope at a time when we are witnessing both the devastating impacts of climate change and backsliding from many countries, including New Zealand.' 'Our Government is set to make a series of important decisions on climate change in the coming weeks, including whether to cut our 2050 biogenic methane target to 14%. This judgment calls into question whether such a decision would be consistent with our international obligations, which require us to aim to limit warming to 1.5°C'. 'It also raises sharp questions around the Government's repeal of the ban on offshore oil and gas exploration, and recent announcement that it will provide $200m in co-investment for new gas fields. The ICJ has now made clear that this could constitute a breach of international law'. 'Today's opinion would not be here without the work of the Pacific Islands Students Fighting Climate Change, and the support of Pacific Island states, including Vanuatu. It is an incredible story of Pacific leadership on the world stage.'

Lawyers sue government over emissions, claiming plan misses the mark
Lawyers sue government over emissions, claiming plan misses the mark

RNZ News

time11-06-2025

  • Politics
  • RNZ News

Lawyers sue government over emissions, claiming plan misses the mark

A lawyer says hardly anyone thinks the government's plan to plant around 700,000 hectares of trees, mostly pines, is a good idea. Photo: RNZ / Kate Newton A group of lawyers is suing the government over what they say are glaring holes in the country's emissions reduction plan. Lobby group Lawyers for Climate Action NZ has launched the action against Climate Minister Simon Watts. It alleges the government is failing to fulfil the basic legal requirements needed to meet its climate targets. Lawyer Jessica Palairet who is the group's executive director said the main thrust was that the government was not meeting its obligations under the Zero Carbon Act. It had obligations to make emissions remission plans every five years with "legal guardrails and requirements" that the Act imposed. It was a precedent-setting case, she told Morning Report , because the legal guardrails would be scrutinised in court. "This is the first time an emissions reductions plan like this has ever been challenged under New Zealand law. "We ultimately think the plan the government has made is risky, unlawful and misses the mark," Palairet said. The lawyers disputed the way the government had devised the plan, including that it had scrapped about 35 private policies without following the Act's policy. Pine tree. Photo: RNZ / Rebekah Parsons-King The government was also relying heavily on tree planting, with around 700,000 hectares to be planted by 2050, mostly of pine trees. "And it's pretty hard to find anyone who thinks that a good idea, including the government's own experts. "So we're also taking issue with the way the government reached that decision but also whether or not such a tree-heavy strategy is consistent with the government's obligations." The government's plan was failing to set the country up to meet future emissions targets "which we think is a pretty remarkable position". Side-stepping advice from the independent Climate Change Commission, the government last year appointed its own scientific panel to tell it what level of cuts would be consistent with a goal of creating "no additional warming" from farming. Both the commission and the lawyers believed the government was not making enough reforms to its centrepiece Emissions Trading Scheme, Palairet said. The commission had also been critical of the reliance of tree planting. "So this certainly forms part of the fabric of the case that we're going to be bringing." RNZ has approached Watts for comment. Last week Prime Minister Christopher Luxon called international scientists "worthies" for criticising the government's approach to methane . Luxon received a letter from 26 international climate change scientists accusing the government of "ignoring scientific evidence" over plans to lower its methane target. New Zealand has one of the highest per-capita methane rates in the world because of its farming exports and the current target is reducing methane by between 24 and 47 percent by 2050. Luxon denied he was dismissing science or deflecting attention from this country's farming emissions. "What a load of rubbish, my point was very clear, those scientists can write to leaders of 194 countries before they send it to me," he said.

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