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.

• READ MORE: ICJ begins hearings in landmark Pacific climate change case started by students
• Other ICJ climate lawsuit reports

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.

As the curtain fell at the UN climate summit in Baku last Sunday, frustration and disappointment engulfed Pacific delegations after another meeting under-delivered.

Two weeks of intensive negotiations at COP29, hosted by Azerbaijan and attended by 55,000 delegates, resulted in a consensus decision among nearly 200 nations.

Climate finance was tripled to US $300 billion a year in grant and loan funding from developed nations, far short of the more than US $1 trillion sought by Least Developed Countries and Small Island Developing States.

• READ MORE: COP29: Pacific climate advocates decry outcome as ‘a catastrophic failure’
• Other COP29 climate crisis reports

“We travelled thousands of kilometres, it is a long way to travel back without good news,” Niue’s Minister of Natural Resources Mona Ainu’u told BenarNews.

Three-hundred Pacific delegates came to COP29 with the key demands to stay within the 1.5-degree C warming goal, make funds available and accessible for small island states, and cut ambiguous language from agreements.

Their aim was to make major emitters pay Pacific nations — who are facing the worst effects of climate change despite being the lowest contributors — to help with transition, adaptation and mitigation.

“If we lose out on the 1.5 degrees C, then it really means nothing for us being here, understanding the fact that we need money in order for us to respond to the climate crisis,” Tuvalu’s Minister for Climate Change Maina Talia told BenarNews at the start of talks.

PNG withdrew
Papua New Guinea withdrew from attending just days before COP29, with Prime Minister James Marape warning: “The pledges made by major polluters amount to nothing more than empty talk.”

Fiji’s lead negotiator Dr Sivendra Michael told BenarNews that climate finance cut across many of the committee negotiations running in parallel, with parties all trying to strategically position themselves.

“We had a really challenging time in the adaptation committee room, where groups of negotiators from the African region had done a complete block on any progress on (climate) tax,” said Dr Michael, adding the Fiji team was called to order on every intervention they made.

He said it’s the fourth consecutive year adaptation talks were left hanging, despite agreement among the majority of nations, because there was “no consensus among the like-minded developing countries, which includes China, as well as the African group.”

Pacific delegates told BenarNews at COP they battled misinformation, obstruction and subversion by developed and high-emitting nations, including again negotiating on commitments agreed at COP28 last year.

Pushback began early on with long sessions on the Global Stock Take, an assessment of what progress nations and stakeholders had made to limit global warming to 1.5 degrees C.

“If we cannot talk about 1.5, then we have a very weak language around mitigation,” Tuvalu’s Talia said. “Progress on finance was nothing more than ‘baby steps’.”

Pacific faced resistance
Pacific negotiators faced resistance to their call for U.S.$39 billion for Small Island Developing States and U.S.$220 billion for Least Developed Countries.

“We expected pushbacks, but the lack of ambition was deeply frustrating,” Talia said.

Greenpeace Pacific lead Shiva Gounden accused developed countries of deliberately stalling talks — of which Australia co-chaired the finance discussions — including by padding texts with unnecessary wording.

“Hours passed without any substance out of it, and then when they got into the substance of the text, there simply was not enough time,” he told BenarNews.

In the final week of COP29, the intense days negotiating continued late into the nights, sometimes ending the next morning.

“Nothing is moving as it should, and climate finance is a black hole,” Pacific Climate Action Network senior adviser Sindra Sharma told BenarNews during talks.

“There are lots of rumours and misinformation floating around, people saying that SIDS are dropping things — this is a complete lie.”

COP29 presidency influence
Sharma said the significant influence of the COP presidency — held by Azerbaijan — came to bear as talks on the final outcome dragged past the Friday night deadline.

The Azeri presidency faced criticism for not pushing strongly enough for incorporation of the “transition away from fossil fuels” — agreed to at COP28 — in draft texts.

“What we got in the end on Saturday was a text that didn’t have the priorities that smaller island states and least developed countries had reflected,” Sharma said.

COP29’s outcome was finally announced on Sunday at 5.30am.

“For me it was heartbreaking, how developed countries just blocked their way to fulfilling their responsibilities, their historical responsibilities, and pretty much offloaded that to developing countries,” Gounden from Greenpeace Pacific said.

Some retained faith
Amid the Pacific delegates’ disappointment, some retained their faith in the summits and look forward to COP30 in Brazil next year.

“We are tired, but we are here to hold the line on hope; we have no choice but to,” 350.org Pacific managing director Joseph Zane Sikulu told BenarNews.

“We can very easily spend time talking about who is missing, who is not here, and the impact that it will have on negotiation, or we can focus on the ones who came, who won’t give up,” he said at the end of summit.

Fiji’s lead negotiator Dr Michael said the outcome was “very disappointing” but not a total loss.

“COP is a very diplomatic process, so when people come to me and say that COP has failed, I am in complete disagreement, because no COP is a failure,” he told BenarNews at the end of talks.

“If we don’t agree this year, then it goes to next year; the important thing is to ensure that Pacific voices are present,” he said.

Republished from BenarNews with permission.

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.

• READ MORE: COP29: UN chief warns world is in ‘final countdown’ to limit global warming to 1.5C
• Trump win, 1.5C warming breach weigh on UN climate ‘finance COP’
• COP29: Pacific countries cannot be conveniently pigeonholed
• COP29 Azerbaijan: What’s at stake at the 2024 global climate summit?
• Rising Tide climate crisis ‘Protestival’ to go ahead despite court ruling
• Other COP29 climate reports

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.

Pacific delegates fear the implications of a Trump presidency and breach of the 1.5 degree Celsius warming target will overshadow negotiations on climate finance at the UN’s annual COP talks that have started in Azerbaijan this week.

At the COP29 summit — dubbed the “finance COP” — Pacific nations will seek not just more monetary commitment from high-emitting nations but also for the funds to be paid and distributed to those countries facing the worst climate impacts.

With the US as one of the world’s largest emitters, it is feared Trump’s past withdrawal from the Paris Agreement could foreshadow diminished American involvement in climate commitments.

• READ MORE: COP29: Pacific countries cannot be conveniently pigeonholed
• COP29 Azerbaijan: What’s at stake at the 2024 global climate summit?
• Other COP29 climate reports

“We have our work cut-out for us. We are wary that we have the Trump administration coming through and may not be favourable to some of the climate funding that America has proposed,” Samoan academic and COP veteran Salā George Carter told BenarNews.

“We will continue to look for other ways to work with the US, if not with the government then maybe with businesses.”

This year, for the first time, a COP President’s Scientific Council has been formed to be actively involved in the negotiations. Carter is the sole Pacific representative.

Past COP funding promises of US$100 billion annually from developed countries to support vulnerable nations “has never been achieved in any of the years,” he said.

Disproportionate Pacific burden
Pacific nations contribute minimally to global emissions but often bear a disproportionate burden of climate change impacts.

Pacific Island Climate Action Network regional director Rufino Varea argues wealthier nations have a responsibility to support adaptation efforts in these vulnerable regions.

“The Pacific advocates for increased climate finance from wealthier nations, utilizing innovative mechanisms like fossil fuel levies to support adaptation, loss and damage, and a just transition for vulnerable communities,” Varea told BenarNews.

COP29 is being held in the capital of Azerbaijan, the port city of Baku on the oil and gas rich Caspian Sea, once an important waypoint on the ancient Silk Road connecting China to Europe.

The country bordering Russia, Iran, Georgia and Armenia is now one of the world’s most fossil fuel export dependent economies.

About 40,000 delegates will attend COP29 from all the U.N. member states including political leaders, diplomats, scientists, officials, civil society organizations, journalists, activists, Indigenous groups and many more.

All nations are party to the 1992 United Nations Framework Convention on Climate Change (UNFCCC) and most signed up to the 2015 Paris Climate Agreement and the 1.5 degree target.

Priorities for Pacific
Pacific Islands Forum Secretary General Baron Waqa in a statement yesterday said “the priorities of the Pacific Islands countries, include keeping the 1.5 degree goal alive.”

“The outcomes of COP 29 must deliver on what is non-negotiable – our survival,” he said.

Ahead of COP29, the 39 members of the Alliance of Small Island States (AOSIS) — representing the Pacific, Caribbean, African, Indian, and South China Sea — met in Baku to discuss negotiation priorities to achieve the 1.5 degree target and make meaningful progress on climate finance.

Pacific negotiators have historically found COP outcomes disappointing, yet they continue to advocate for greater accountability from major polluters.

“There have been people who have come to COP and refuse to attend anymore,” Carter said. “They believe it is a waste of time coming here because of very little delivery at the end of each COP.”

Papua New Guinea is not attending in Baku in an official capacity this year, citing lack of progress, but some key PNG diplomats are present to support the Pacific’s goals.

Climate data last week from the Europe Union’s Copernicus Climate Change Service predicted 2024 will be the hottest year on record, and likely the first year to exceed the 1.5 degree threshold set in Paris.

Science becoming marginalised
Delegates worry science is becoming marginalised in climate negotiations, with some “arguing that we have reached 1.5, why do we continue to push for 1.5?,” Carter said.

“Although we have reached 1.5 degrees, we should not remove it. In fact, we should keep it as a long-time goal,” he said.

Carter argues for the importance of incorporating both scientific evidence and “our lived experience of climate change” in policy discussions.

The fight for the Paris target and loss and damage funding has been central to Pacific advocacy at previous COPs, despite persistent resistance from some countries.

The 1.5-degree target is “a lifeline of survival for communities and people in our region and in most island nations,” Varea said.

He stressed the need for “a progressive climate finance goal based on the needs and priorities of developing countries, small island developing states (SIDS), and least developed countries (LDC) to enable all countries to retain the 1.5 ambition and implement measures for resilience and loss and damage (finance).”

“As Pacific civil society, we obviously want the most ambitious outcomes to protect people and the planet.”

Pacific negotiators include prominent leaders, such as President Hilde Heine of the Marshall Islands, Vanuatu’s Special Envoy Ralph Regenvanu, Tuvalu’s Climate Change Minister Maina Talia and negotiators Anne Rasmussen from Samoa and Fiji’s Ambassador Amena Yauvoli.

Republished from BenarNews with permission.

“We will not sign our death certificate. We cannot sign on to text that does not have strong commitments on phasing out fossil fuels.”

These were the words of Samoa’s Minister of Natural Resources and Environment, Toeolesulusulu Cedric Schuster, speaking in his capacity as chair of the Alliance of Small Island States (AOSIS) at the UNFCCC COP28 in Dubai last year.

Outside, Pacific climate activists and allies, led by the Pacific Climate Warriors, were calling for a robust and comprehensive financial package that would see the full, fast, and fair transition away from fossil fuels and into renewable energy in the Global South.

This is our Pacific Way in action: state parties and civil society working together to remind the world as we approach a “finance COP” with the upcoming COP29 in Baku, Azerbaijan, from November 11-22  that we cannot be conveniently pigeonholed.

• READ MORE: Year 2024 to be the first to breach 1.5C warming limit
• Other COP29 reports

We are people who represent not only communities but landscapes and seascapes that are both vulnerable, and resilient, and should not be forced by polluting countries and the much subsidised and profit-focused fossil fuel industries that lobby them to choose between mitigation, adaptation and loss and damage.

Pacific Small Island Developing States (PSIDS) are the uncomfortable reminder for those who want smooth sailing of their agenda at COP29, that while we are able to hold the tension of our vulnerability and resilience in the Pacific, this may make for choppy seas.

I recently had the privilege of joining the SPREP facilitated pre-COP29 gathering for PSIDS and the Climate Change Ministerial meeting in Nadi, Fiji, to provide spiritual guidance and pastoral support.

This gathering took place in a spiritually significant moment, the final week of the Season of Creation, ending, profoundly, on the Feast Day of St Francis of Assisi, patron saint of the environment. The theme for this year’s Season of Creation was, “to hope and act with Creation (the environment).

Encouraged to act in hope
I looked across the room at climate ministers, lead negotiators from the region and the regional organisations that support them and encouraged them to begin the preparatory meeting and to also enter COP29 with hope, to act in hope, because to hope is an act of faith, of vision, of determination and trust that our current situation will not remain the status quo.

Pacific church leaders have rejected this status quo by saying that finance for adaptation and loss and damage, without a significant commitment to a fossil fuel phase-out that is full, fast and fair, is the biblical equivalent to 30 pieces of silver — the bribe Judas was given to betray Jesus.

In endorsing the Fossil Fuel Non-Proliferation Treaty and leading the World Council of Churches to do the same, Pacific faith communities are joining their governments and civil societies to ensure the entire blue Pacific voice reverberates clearly into the spaces where the focus on finance is dominant.

As people with a deep connection to land and sea, whose identity does not separate itself from biodiversity, the understanding of the “groaning of Creation” (Romans 8:19-25) resonates with Pacific islanders.

We were reminded of the words of St. Saint Augustine that says: “Hope has two beautiful daughters; their names are Anger and Courage. Anger at the way things are, and Courage to see that they do not remain as they are.”

As we witness the cries and sufferings of Earth and all creatures, let righteous anger move us toward the courage to be hopeful and active for justice.

Hope is not merely optimism. It is not a utopian illusion. It is not waiting for a magical miracle.

Hope is trust that our action makes sense, even if the results of this action are not immediately seen. This is the type of hope that our Pasifika households carry to COP29.

Reverend James Bhagwan is general secretary of the Pacific Conference of Churches. He holds a Bachelor of Divinity from the Pacific Theological College in Fiji and a Masters in Theology from the Methodist Theological University in Korea. He also serves as co-chair of the Fossil Fuel NonProliferation Treaty Campaign Global Steering Committee. This article was first published by RNZ Pacific.

Papua New Guinea’s decision to withdraw from the upcoming United Nations climate change talks has caused concern among local environmental activists, who argue COP serves as a platform for regional solidarity.

PNG’s Foreign Minister Justin Tkatchenko announced last week that PNG would not participate in the 29th United Nations Convention on Climate Change Conference of Parties (COP29) in protest and defence “of forest nations and small island states”.

“Papua New Guinea is making this stand for the benefit of all small island nations. We will no longer tolerate empty promises and inaction, while our people suffer the devastating consequences of climate change,” he said.

• READ MORE: Other COP29 reports

“Yet, despite contributing little to the global climate crisis, countries like PNG are left grappling with its severe impacts.”

Tkatchenko pointed to the difficulty in accessing climate finance over the years, which he said came despite making “high-level representation at the UNFCC COP”, and said the international community was failing its financial and moral commitments.

“The pledges made by major polluters amount to nothing more than empty talk,” he said.

“They impose impossible barriers for us to access the crucial funds we need to protect our people. Despite continuous attempts, we have not received a single toea in support, to date.

PNG ‘will no longer wait’
“If we must cut down our forests to sustain ourselves and develop our economy, so be it. Papua New Guinea will no longer wait for empty words while our people suffer. We are taking control of our destiny.”

Climate activist and former chair of the Commonwealth Youth Council Kim Allen said getting access to funds to deal with climate change was a big problem.

But he said the climate conference provided a platform to speak louder with other Pacific nations.

“We have to come together and say these are our challenges, this is the story of Pacific Island countries,” he said.

In August, Prime Minister James Marape said he had declared that PNG’s “non-attendance” at the annual climate talks “will signal our protest at the big nations — these industrialised nations who are big carbon footprint holders for their lack of quick support to those who are victims of climate change, and those of us who are forest and ocean nations”.

“We are protesting to those who are always coming in to these COP meetings, making pronouncements and pledges, yet the financing of these pledges seem distant from victims of climate change and those like PNG who hold substantial forests,” he said.

This article is republished under a community partnership agreement with RNZ and also with the permission of ABC Pacific.