The China Mail - Top court takes aim at fossil fuels in sweeping ruling

USD -
AED 3.673104
AFN 64.000368
ALL 81.091764
AMD 369.010403
ANG 1.789884
AOA 918.000367
ARS 1398.000104
AUD 1.3799
AWG 1.8025
AZN 1.70397
BAM 1.662466
BBD 2.013854
BDT 122.689218
BGN 1.668102
BHD 0.377404
BIF 2975
BMD 1
BND 1.267973
BOB 6.9098
BRL 4.914804
BSD 0.999873
BTN 94.420977
BWP 13.425192
BYN 2.825886
BYR 19600
BZD 2.010964
CAD 1.368195
CDF 2315.000362
CHF 0.776504
CLF 0.022628
CLP 890.580396
CNY 6.80075
CNH 6.796155
COP 3749.7
CRC 459.648974
CUC 1
CUP 26.5
CVE 93.718924
CZK 20.630304
DJF 177.720393
DKK 6.34307
DOP 59.467293
DZD 132.257352
EGP 52.72204
ERN 15
ETB 156.137601
EUR 0.848704
FJD 2.183504
FKP 0.734821
GBP 0.733745
GEL 2.680391
GGP 0.734821
GHS 11.264445
GIP 0.734821
GMD 73.000355
GNF 8773.107815
GTQ 7.634866
GYD 209.223551
HKD 7.828495
HNL 26.583478
HRK 6.39504
HTG 130.919848
HUF 300.852504
IDR 17359.5
ILS 2.901304
IMP 0.734821
INR 94.40555
IQD 1309.963492
IRR 1312900.000352
ISK 122.060386
JEP 0.734821
JMD 157.601928
JOD 0.70904
JPY 156.60604
KES 129.150385
KGS 87.420504
KHR 4012.087263
KMF 419.00035
KPW 899.950939
KRW 1462.110383
KWD 0.30769
KYD 0.833358
KZT 462.122307
LAK 21929.626969
LBP 89172.975107
LKR 321.915771
LRD 183.493491
LSL 16.405102
LTL 2.95274
LVL 0.60489
LYD 6.322723
MAD 9.144703
MDL 17.099822
MGA 4176.618078
MKD 52.342393
MMK 2099.606786
MNT 3578.902576
MOP 8.06268
MRU 39.968719
MUR 46.820378
MVR 15.455039
MWK 1733.612706
MXN 17.19605
MYR 3.921039
MZN 63.903729
NAD 16.405102
NGN 1359.450377
NIO 36.794016
NOK 9.20185
NPR 151.087386
NZD 1.67685
OMR 0.384491
PAB 0.999962
PEN 3.457057
PGK 4.415452
PHP 60.502504
PKR 278.66746
PLN 3.593895
PYG 6107.687731
QAR 3.654753
RON 4.430373
RSD 99.623038
RUB 74.203474
RWF 1465.941884
SAR 3.782036
SBD 8.032258
SCR 14.001038
SDG 600.503676
SEK 9.21914
SGD 1.26673
SHP 0.746601
SLE 24.603667
SLL 20969.496166
SOS 571.467429
SRD 37.399038
STD 20697.981008
STN 20.823594
SVC 8.749309
SYP 110.543945
SZL 16.394307
THB 32.207038
TJS 9.329718
TMT 3.51
TND 2.904513
TOP 2.40776
TRY 45.361304
TTD 6.776593
TWD 31.351504
TZS 2598.394038
UAH 43.92104
UGX 3746.547108
UYU 39.879308
UZS 12128.681314
VES 496.20906
VND 26308
VUV 118.026144
WST 2.704092
XAF 557.575577
XAG 0.012388
XAU 0.000212
XCD 2.70255
XCG 1.802048
XDR 0.695511
XOF 557.525817
XPF 101.364158
YER 238.603589
ZAR 16.38082
ZMK 9001.203584
ZMW 19.037864
ZWL 321.999592
  • RBGPF

    0.0000

    63.18

    0%

  • CMSC

    0.1650

    23.11

    +0.71%

  • RYCEF

    -0.8500

    16.6

    -5.12%

  • GSK

    -0.1900

    50.31

    -0.38%

  • RIO

    2.0200

    105.13

    +1.92%

  • RELX

    0.1209

    33.625

    +0.36%

  • CMSD

    0.0800

    23.5

    +0.34%

  • BCC

    -1.6850

    71.075

    -2.37%

  • BCE

    -0.4700

    24.1

    -1.95%

  • NGG

    1.2350

    87.145

    +1.42%

  • AZN

    0.0600

    182.58

    +0.03%

  • JRI

    0.0000

    13.15

    0%

  • BP

    -0.4000

    43.41

    -0.92%

  • VOD

    0.5100

    16.2

    +3.15%

  • BTI

    0.2000

    58.28

    +0.34%

Top court takes aim at fossil fuels in sweeping ruling

Top court takes aim at fossil fuels in sweeping ruling

An historic climate ruling by the world's highest court could make it legally riskier for fossil fuel companies to do business and embolden lawsuits against oil and gas expansion, experts say.

Text size:

The International Court of Justice's first-ever advisory opinion on climate change contained a particularly strong position on fossil fuels that surprised even veteran observers of environmental law.

The Hague-based court declared that states had an obligation under international law to address the "urgent and existential threat" of climate change, a decision hailed as a milestone by small islands most at risk.

The unanimous decision went further than expected, with the court spelling out what responsibility states have to protect the climate from planet-warming emissions from burning fossil fuels.

Failing to prevent this harm "including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies -- may constitute an internationally wrongful act" by that state, the court added.

"It's really significant," said Sophie Marjanac, an international climate lawyer and director of legal strategy at the Polluter Pays Project, a campaign group.

"It goes further than I expected, and it really makes some pretty groundbreaking findings," she told AFP.

ICJ advisory opinions are not legally enforceable, but such opinions are rare, and seen as highly authoritative in steering national courts, legislation and corporate behaviour around the globe.

Litigation against fossil fuel projects is growing, but so too are legal challenges by states and companies using the courts to block or unwind action on climate change.

- Legal risks -

Jorge Vinuales, who helped draft the request for the court's opinion, said the fossil fuels language in the final opinion "went as far as one could expect the court to go, which is no small feat".

He said this interpretation of liability for climate harm would probably be picked up in domestic and global courtrooms.

"If so, it could have far-reaching effects," Vinuales, a professor of law and environmental policy at the University of Cambridge, told AFP.

Fossil fuel companies and oil- and gas-producing nations could ignore the ICJ "but that raises legal and litigations risks of its own", he added.

Its opinion could be used in a lawsuit against expanding a coal mine, a private dispute between an investor and a state, or a contract negotiation involving a fossil fuel financier, said Marjanac.

"It could come up in all sorts of ways, all over the place. The influence is unlimited, really," she said.

This could particularly be the case in countries that can adopt international law directly into their constitutions and legal frameworks, though this would depend on national context and take time to trickle down.

In these countries, which include France, Mexico, and the Netherlands, courts may have to take the ICJ opinion into account when hearing a case against an oil and gas venture.

Even in so-called "dualist states" where international law is not automatically incorporated, constitutional courts and other national legislatures often respected and adopted aspects of ICJ opinion, experts said.

The ruling "opens the door to challenges to new fossil fuel project approvals and licensing," said Marjanac, and "makes the operating environment much more difficult" for oil and gas majors.

- Line of defence -

The court also "provided stricter measures surrounding the business of fossil fuels" and underscored that governments could not avoid blame for polluting companies within their jurisdiction, said Joy Reyes from the London School of Economics.

"Countries will have to be more circumspect when it comes to licensing permits and broader policies around fossil fuels, because it may open them up to liability in the future," Reyes, a climate litigation specialist, told AFP.

It could also empower smaller states to pursue compensation from big polluters, and give countries threatened with legal action by fossil fuel companies a stronger line of defence.

And it could be harder now for oil and gas companies "to claim they have a legitimate expectation to be able to operate a fossil fuel project without impediment," Lorenzo Cotula, an international legal expert, told AFP.

"It's now clear that states have a legal duty to take action in this space, and if they're able to articulate this in possible proceedings, I think that will be a strong legal argument to make," said Cotula, from research institute IIED.

G.Tsang--ThChM