With the International Court of Justice’s landmark advisory opinion on climate change hot off the press this July, hopes were high it could be used as a diplomatic lever for stronger climate action at COP30 in Brazil. But it proved a difficult tool to wield in a tense atmosphere.
The advisory opinion (AO) from the world’s top court – which determined that all states have obligations to protect the climate system from significant harm – has already been woven into new climate litigation and existing legal cases, and judges are starting to reference it in their rulings.
The Mexican community of El Bosque in Tabasco even managed to use it as leverage in recent negotiations with the central government over its latest national climate plan (NDC).
Yet, while some countries wanted the ICJ’s non-binding conclusions to feature in the main political decision approved at November’s climate COP in the Amazon city of Belém, the lack of a coordinated strategic push meant that did not happen, legal experts said.
Monaco, Mexico, the Alliance of Small Island States (AOSIS) and the group of Least Developed Countries (LDCs) all called for the ICJ’s decision – and two other climate advisory opinions from the Inter-American Court of Human Rights and the International Tribunal on the Law of the Sea – to be recognised during various COP30 presidency consultations.
But Jennifer Bansard, the Earth Negotiations Bulletin team leader, told journalists at COP30 that these requests were “at very generic levels” and did not go into the courts’ actionable findings.
“Deep, deep, deep red line”
The closest the ICJ advisory opinion came to being mentioned in a formal text was during a review of the Warsaw International Mechanism for Loss and Damage (WIM). This is key as experts believe the decision has particularly significant implications for the new loss and damage fund.
During these discussions, the Independent Alliance of Latin American and Caribbean Nations (AILAC) said the AO provides “an informed legal foundation” for advancing work on loss and damage. They pointed to “the need for comprehensive assessment and health protection” for vulnerable groups and “forms of reparation” This was supported by Vanuatu, which led the diplomatic work resulting in the ICJ opinion.
But Saudi Arabia, representing the Arab Group, responded that the ICJ’s final outcome is “non-binding” and “does not represent parties’ views” even though it participated in the process. Negotiations, it added, are a “party-driven process based on consensus, and not litigation”.
According to a source in the room, the Arab Group described the inclusion of the ICJ AO anywhere in the WIM document as a “deep, deep, deep red line”. “If you insist on discussing it, we might as well just suspend this session to not waste each other’s time,” said Saudi Arabia’s negotiator. The AO is not mentioned in the final agreed WIM text.
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Harjeet Singh, founding director of the Satat Sampada Climate Foundation and strategic advisor to the Fossil Fuel Non-Proliferation Treaty Initiative, said the group was particularly concerned about the ICJ’s reference to the status of a state as developed or developing as “not static”.
“They feared that formally recognising the opinion would open the door to limitless legal liability for fossil fuel production,” he explained.
Left out of the COP30 cover decision
In addition, the AO’s recognition of a “just and fast transition in line with best available science” was mentioned by Fiji, for the Alliance of Small Island States (AOSIS), at an inaugural meeting on the Just Transition Work Programme. AILAC, Egypt and the UK also raised it during just transition negotiations, while Malawi used it to try to frame transition finance as a legal necessity.
Some states had expected the cover decision to recognise the AO in some form, but text drawn up by Brazil’s COP presidency did not include relevant wording.
The lack of references came despite the fact that the UN asked the ICJ for the advisory opinion unanimously and 96 countries spoke at the hearings.
Data visualisation developed by law professor Margaret Young and designers Dan Parker and Stanislav Roudavski.
Singh said the COP30 battle lines were drawn so sharply on the ICJ opinion because it validates the claims of vulnerable countries for climate justice, while historical and large polluters wanted “to avoid acknowledging any legal framework that implies liability”.
But, he added, while pushing back strongly against it, developed countries “neither championed nor explicitly opposed it in open plenary to avoid negative optics”.
The ICJ’s recognition that COP decisions may have legal effects could also make negotiators more wary of what they agree to.
In the closing COP30 plenary, Palau for AOSIS noted the ICJ’s clear assertion of 1.5C as the legal temperature limit. Yet the final Mutirao decision explicitly reiterates the Paris Agreement’s language of “pursuing efforts” to reach that level, while retaining the original goal of “well below 2°C”.
No coordinated push to champion the AO
Harj Narulla, a barrister specialising in climate litigation and counsel for the Solomon Islands, argued the COP30 decision “undermined” the ICJ’s conclusions. But barring a few nations like Saudi Arabia, he saw the overall outcome as a “failure of capacity and coordination, rather than a principled opposition to using the AO”.
Insiders said government negotiating teams remain too separate from their legal teams, and the former were not properly briefed on how the AO could be used in practice.
The leadership expected from climate-vulnerable countries, particularly the island nations that had advocated for the AO in the first place, also seems to have been absent. A briefing by Ed King and Lindsey Smith, who work on international climate strategy for the Global Strategic Communications Council, described AOSIS’s showing at COP30 in particular as “insipid”.
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Ralph Regenvanu, minister of climate change of Vanuatu and a key architect of the AO campaign, mentioned it several times in public, including at Cambodia’s announcement that it would formally support a fossil fuel non-proliferation treaty. But his focus seemed to be on pursuing a new UN resolution recognising the ICJ’s findings.
Neither AOSIS nor Regenvanu responded to requests for comment.
Influencing the wider narrative
Nonetheless, Mohamed Adow, director of Power Shift Africa who has followed the climate talks for many years, believes the AO is “starting to influence the wider narrative around responsibility and liability”.
“Though it did not make the ‘waves’ in the formal text that many hoped for, it was clearly the ‘undercurrent’ beneath many streams of negotiation,” agreed Singh.
Nikki Reisch, climate and energy programme director at the Center for International Environmental Law, an organisation that supports the youth activists who sparked the AO process, said the opinion also supports “the need to reform the UNFCCC to make it fit for purpose”. That includes preventing fossil fuel industry influence and allowing majority voting so that a handful of countries cannot block climate action.
Eyes on Colombia fossil fuel transition conference
In 2026, the opinion may start to play a stronger role on the global stage, including at an international conference on a just transition away from fossil fuels co-hosted by Colombia and The Netherlands next April.
The Fossil Fuel Treaty initiative says that gathering will align with the AO, “which confirmed that states have a legal obligation to protect the climate, including by addressing fossil fuel production, licensing and subsidies”.
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Experts, meanwhile, expect more domestic lawsuits underpinned by the advisory opinion aimed at pushing countries to raise their ambition on cutting emissions and say inter-state litigation cannot be ruled out.
“COP30 in Belém is by no means the last word on the ICJ AO or the climate duties it confirms,” Reisch said.
A version of this article was originally published in The Wave.
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Why the ICJ’s advisory opinion on climate change took a backseat at COP30
Climate Change
Coles, Woolworths failing on deforestation commitments
SYDNEY, Wednesday 26 August 2026 — New 2026 Sustainability Reports released by supermarket giants Coles and Woolworths this week demonstrate the retailers are failing on their commitments to end deforestation in their supply chains.
Adele Chasson, Nature Policy Lead at Greenpeace Australia Pacific said:
“These so-called sustainability reports are revealing. Despite their public commitments in 2024 and 2025, neither Coles nor Woolworths have taken deforestation-linked beef off their shelves. Meanwhile, bulldozers continue to tear up forests and bushland, pushing wildlife closer to extinction and causing mass toxic runoff to flow into the Great Barrier Reef. Millions of native animals like koalas are losing their homes to beef pastures each year, while the big supermarkets put off action.
“Australians would be shocked to know that beef on the shelves of our biggest supermarkets could be pushing threatened species to the brink of extinction. Collectively Coles and Woolworths have made more than $2 billion in profits in the last year, profiting from the destruction of wildlife and precious Australian nature. Coles and Woolworths owe it to shoppers to deliver on their promises and end deforestation in their supply chains now.
“As big beef buyers, Coles and Woolworths have an essential role to play in keeping Australia’s unique forests standing. They can help stop the Great Barrier Reef from being poisoned by runoff and protect iconic forest wildlife by taking deforestation off their shelves. It’s time these big companies put their money where their mouths are and follow through on their promise of sourcing and supplying deforestation-free beef.”
Climate Change
New Zealand moves to protect business with law curtailing climate litigation
New Zealand’s parliament has adopted a controversial new law blocking a whole avenue of climate litigation and shutting down its most advanced corporate lawsuit, which has been blamed by the government for shaking business confidence and investment.
The Climate Change Response (Tort Liability) Amendment Bill, expected to take effect in the coming days after it is formally signed by the Governor-General, prevents all current and future civil claims for climate loss or harm under tort law.
Justice minister Paul Goldsmith said last week that the aim was to give businesses “certainty around their climate change obligations”, noting it would not alter the government’s responsibilities under the Climate Change Response Act 2002 nor business obligations under the Emissions Trading Scheme.
“Our response to climate change is best managed by the Government at a national level and not through piece-meal litigation in the courts,” he added in a statement.
Such litigation, he said, “risks developing a new regime that contradicts the framework Parliament has already enacted” to tackle climate change.
Goldsmith singled out a key domestic climate lawsuit brought by Northland iwi leader and activist Mike Smith against six big companies: dairy firms Fonterra and Dairy Holdings, energy firms Genesis Energy and Z Energy, New Zealand Steel and coal mining firm BT Mining. A seventh original defendant, Channel Infrastructure, was dropped after it permanently decommissioned its Marsden Point oil refinery.
Smith argued that these companies had caused him harm under public nuisance and negligence law, as well as a third breach of a duty to cease contributing to climate change that has yet to be tested domestically. He did not seek financial compensation, instead asking for the companies to immediately stop emitting or contributing to net greenhouse gas emissions.
In one of the most advanced corporate climate accountability lawsuits in the world, a trial had been scheduled for April 2027 after the Supreme Court unanimously allowed the case to continue.
Corporate lobbying in the shadows
Smith described the passing of the bill as “deeply concerning”, particularly as it coincided with the Supreme Court hearing another of his climate lawsuits. In that case, Smith v Attorney-General, he argues that the government’s response to climate change and its impacts on Māori communities in particular breaches rights to life and culture.
“That timing raises profound questions about the separation of powers and the rule of law,” said Smith. “Whatever one’s view of the merits of these cases, it is deeply troubling when parliament intervenes to remove a legal pathway while the courts are actively considering fundamental questions about climate responsibility, rights and the crown’s obligations.”
The bill – which says that no person (including the government) can be found liable in tort for emissions-related climate change effects – followed major lobbying efforts by the companies defending themselves in Smith’s lawsuit. They outlined a proposed legal amendment in a briefing note to the government in 2024.
The centre-right government has been fiercely criticised over its lack of transparency in relation to this lobbying activity. The national ombudsman recently found that the Prime Minister’s Office effectively withheld information requested by the Environmental Law Initiative about meetings, discussions and conversations regarding Smith’s case.
Green groups fail to stop bill
The bill sparked huge concern among environmental campaigners in New Zealand and elsewhere. Greenpeace Aotearoa called it a “shocking abuse of executive power” and the vast majority of submissions to a parliamentary inquiry said it should be rejected.
But in the end, it was adopted with little resistance, moving relatively smoothly through parliament, passing its third reading by 67 votes to 53. Sam Bookman, climate law lecturer at Melbourne Law School, told Climate Home News he was not surprised by this, given that the coalition government has a secure majority.
A complaint has been made to the UN special rapporteur on climate change and human rights by Smith, the National Iwi Chairs Forum Pou Tikanga and youth coalition Climate Clinic Aotearoa over what they see as the government’s heavy-handed approach. Smith is also challenging the new law in yet another lawsuit.
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Bookman thinks it “very unlikely” that such a challenge will succeed, noting that New Zealand’s constitution is firmly anchored in parliamentary sovereignty.
But the expert in climate law does not see the bill as the end of legal action in the country, noting that New Zealand has a “sophisticated climate litigation landscape with a growing number of specialist and experienced lawyers and NGOs”.
The country is also approaching its next general election in November, and some opposition parties have pledged to restore access to the courts if elected.
Amanda Larsson, global project lead on agriculture for Greenpeace International, said: “This law deserves to be tested, and I strongly encourage the international climate litigation community to unite and help defend New Zealanders’ fundamental right to hold polluters accountable before this becomes a global blueprint.”
Copycat legislation on the rise
New Zealand’s move is part of a small but growing legislative effort to shut down climate litigation around the world.
In the US, Republican politicians introduced legislation in the House and Senate in April that would shield fossil fuel firms from climate liability lawsuits. Similar laws have already been passed at state level in Tennessee, Utah, Iowa and Louisiana.
The German state of Bavaria has put forward a similar proposal to the Federal Council, aiming to block private climate claims as well as the recognition and enforcement of foreign judgments imposing such liability. There are also proposals to limit available remedies and actions in the Netherlands and Belgium.
UN General Assembly backs “climate obligations” set by world’s top court
Bookman said he expects more efforts to counter climate damages litigation and advised plaintiffs to think about how to respond, including drawing on broader support in opposing them.
“Even though it’s very hard for plaintiffs to win these types of cases, companies are very eager to avoid the expense, embarrassment and political accountability that come even with unsuccessful lawsuits,” he said.
The post New Zealand moves to protect business with law curtailing climate litigation appeared first on Climate Home News.
New Zealand moves to protect business with law curtailing climate litigation
Climate Change
Indonesia’s nickel production cuts are not enough to create a sustainable industry
Bhima Yudhistira Adhinegara is the Executive Director of the Center of Economic and Law Studies (CELIOS), an Indonesia-based economic think tank. Muhammad Zulfikar Rakhmat is the Director of the China-Indonesia desk at CELIOS.
Indonesia produces around 60% of the world’s nickel, a metal used to manufacture batteries for electric vehicles (EVs) – more than any other country in the world. But in 2026, the government sharply reduced how much of its nickel can be extracted from the ground.
Production quotas were reduced by around 40% this year compared to 2025. Weda Bay, the largest nickel mine on Earth, had its allowance cut by more than 70% and exhausted its full-year quota by the end of May, halting mining entirely; it cannot resume large-scale extraction until next year unless regulators grant an extension.
The policy has sparked a vivid debate in Indonesian policy circles: how can the country shift its strategy from a decade of mining vast quantities of cheap nickel to producing a high-value and low-carbon material that the rest of the world wants for EV batteries.
The cuts aren’t a silver bullet to clean up Indonesia’s nickel industry, whose smelters are powered by coal – the most polluting fossil fuels. But alongside stricter enforcement of environmental rules, it is one side of efforts to produce more sustainable nickel for a premium.
Restricting Indonesia’s nickel output
Production quotas were introduced to stop the collapse of nickel prices because of oversupply in the market. Prices had fallen more than 40% in 2023 alone and kept sliding as Indonesian supply kept growing, hitting a four-year low of around $13,900 a ton in late 2025.
Critics called the recent tightening of production quotas proof that Indonesia’s nickel strategy has failed, arguing that the industry shouldn’t need to throttle its own output to survive. But when assessed against what the policy was supposed to do – push up nickel prices – it has worked. Prices jumped to $20,000 a ton in May, the highest since 2024.
Chinese industry groups representing companies that have invested billions to mine and refine the country’s nickel were furious, warning Indonesia’s president Prabowo Subianto that the cuts put $50 billion worth of investment at risk. But much of that Chinese capital is sunk into smelters and processing plants built specifically to run on Indonesian ore, and cannot simply be moved elsewhere. That gives Jakarta more room to hold its ground than the warning suggests.
Stronger environmental enforcement
Since the start of the year, Indonesia’s forestry task force has seized more than four million hectares of land from mines and plantations operating illegally in protected forests, collecting over two trillion rupiah ($113 million) in fines.
This included 148 hectares seized from Weda Bay for lacking a forestry permit. The share of nickel produced from illegal small-scale mining also fell from about a quarter in 2022 to roughly 10% by 2024.
The crackdown responds to serious environmental damages in the nickel industry. On Obi Island, a waste pond collapsed after heavy rain in June 2025, flooding three villages and killing a resident. Internal company tests found chromium-6 – a carcinogen – in the water, in quantities far above the legal limit. The footprint of another mine near Raja Ampat, which is home to some of the world’s richest coral reefs, grew 60-fold in just eight years.

The market is responding to early cleanup efforts. Low-carbon nickel now sells for a real premium, roughly $18,800 to $19,300 a ton compared with $17,900 to $18,300 otherwise, as carmakers seek to source cleaner materials to comply with the European Union’s new emissions rules for imports.
In turn, this is incentivising the industry to do more to green its operations. Vale Indonesia’s smelter in South Sulawesi now runs almost entirely on hydropower, for example.
None of this addresses coal use, however. Major Indonesian nickel producers still emitted an estimated 15 million metric tons of greenhouse gases in 2023. Indonesia may be cracking down on illegal mining and rewarding cleaner producers but it is still running its mines on the dirtiest fuel available.
Unequal benefits
For Indonesia to truly benefit from producing cleaner and high-value nickel, it needs to reap the economic benefits too. Although the industry has boosted the country’s economic growth, the reality on the ground tells a different story.
Konawe in Southeast Sulawesi is home to a major smelting complex. Growth in the district jumped from 6% to 22% between 2015 and 2023, driven almost entirely by the nickel industry, according to a study by the Lowy Institute study. At the same time, poverty levels increased slightly and unemployment remained unchanged.
In Halmahera, another epicentre of the nickel industry, spending by the poorest fifth grew just 5% between 2019 and 2022, compared with 28% for the wealthiest fifth, according to a separate study.
Part of the reason for this inequality is the system for transferring mining royalties to district authorities where the mines are located. In theory, they are entitled to the largest share. But in practice, payments are delayed, companies routinely dispute what they owe and royalties are pooled and distributed across a larger area.
The Natural Resource Governance Institute has found that decentralisation handed local governments power to approve new mines faster than they could build their capacity to manage them. Higher output raises national income on paper, but local governments remain constrained by fiscal rules and infrastructure costs that scale with mining.
None of this makes the 2026 quota cuts a mistake. Indonesia has every right to defend its pricing power over a resource it controls. But limiting extraction isn’t going to fix underlying issues around environmental enforcement and revenue-sharing. That requires rules that are consistently enforced, royalties that reach communities living by the mines, and a plan to wean smelters off coal.
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Indonesia’s nickel production cuts are not enough to create a sustainable industry
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