At a landmark legal hearing in The Hague this week, wealthy countries that are big emitters of planet-heating gases have used the Paris Agreement and other existing treaties on climate change to avoid additional pressure to step up their action to tackle global warming.
Their statements at the International Court of Justice (ICJ) sparked strong criticism from top climate diplomats and advocates who argue that international accords do not place limits on state accountability over climate change.
The two-week hearing is the culmination of years of campaigning by a group of law students from Pacific nations and diplomacy led by the island state of Vanuatu.
Their efforts resulted in a UN General Assembly resolution last year calling on the ICJ to provide an advisory opinion on the legal obligations of states to address climate change and the legal consequences if they fail to do so.
The ICJ says its advisory opinions are not binding. But experts stress that they clarify, rather than create, new law and will be referred to as authoritative documents in future climate litigation and during international climate negotiations.
In total, 98 states are giving oral submissions to the court, alongside a handful of institutions including the Organization of the Petroleum Exporting Countries (OPEC).
Four days into the hearing, a clear divide is emerging between wealthy nations that are historically high emitters and vulnerable nations on the frontlines of climate change that have contributed little to planetary heating.
The event has seen powerful fossil-fuel producing countries – from the United States to Russia – resist what they regard as an attempt to force them to do more to rein in emissions and provide reparations to those suffering because of their carbon pollution.
Paris Agreement plans “not sufficient”
On Wednesday, the United States – which does not fully recognise the authority of the ICJ – told the court that sufficient legal frameworks are already in place to deal with climate change.
Margaret Taylor, legal adviser to the US Department of State, described global warming as the “quintessential collective action problem” which the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement are carefully designed to deal with.
Those treaties, she said, embody “the clearest, most specific and most current expression of states’ consent to be bound by international law in respect of climate change” – and should therefore be the “primary framework” for determining their obligations.
Laurence Tubiana, CEO of the European Climate Foundation and an architect of the 2015 Paris Agreement, said in a statement that the landmark pact should not be misused by countries to “dilute their climate responsibilities and accountability”.
“The Paris Agreement was created as a tool that legally binds countries to display policies and actions, both short and long term, that are consistent with the 1.5C temperature limit,” she said.
Announcing national climate plans (NDCs) with emissions-cutting targets “that too often do not meet these objectives” – currently the majority – “is not sufficient”, Tubiana added.
Taylor told the court, on behalf of the US, that the Paris Agreement does not provide any legal standard against which to judge the adequacy of an NDC or to determine if a country is doing its fair share in global terms. Nor do states breach the agreement if they fail to achieve their NDCs, she added.
Wider international law
Many countries believe that legal obligations should not be limited to existing climate agreements and have asked the ICJ to consider a wide range of written and unwritten international law, including rules on transboundary harm, due diligence and the duty to cooperate and to prevent harm.
The relevance and scope of human rights in the context of climate change has also been hotly debated. States particularly disagree over the applicability of the right to a clean, healthy and sustainable environment. This was acknowledged by the UN General Assembly in a 2022 resolution but has proved difficult to implement.
Mamadou Hébié, associate professor of international law at Leiden University, representing Burkina Faso at the ICJ, said the Paris Agreement does not create any exemption or derogation from the rest of international law.
Zachary Phillips, counsel for Antigua and Barbuda, said compliance with the Paris Agreement is “necessary but may not be sufficient” to comply with unwritten ‘customary’ international law, including the obligation to prevent harm.
Several of the world’s biggest economies – among those most reliant on fossil fuels – have contended this week, however, that they have no obligations beyond the Paris pact and the UNFCCC. Australia, for example, said these are “central instruments” for global cooperation while China appealed to the court to avoid “fragmenting” international climate law.
Call for climate reparations at the ICJ even more urgent after COP29 falls short
Wiebke Rückert, Germany’s director for public international law, said the Paris Agreement strikes a “careful balance” between legal and non-legal commitments and warned that attempts to change that could “seriously” endanger the willingness of states to participate in political processes.
Ghaida Bajbaa, from Saudi Arabia’s energy ministry, said the UNFCCC provides “no basis whatsoever” for the court to authorise limits to fossil fuel extraction and consumption.
This was echoed by Maksim Musikhin, director of the legal department of Russia’s Ministry of Foreign Affairs, who said the transition away from fossil fuels – agreed at COP28 in Dubai last year – is not a legal obligation but rather a political appeal.
Ocean tribunal opinion
The extent to which state obligations on climate change are limited to the UNFCCC was a key pillar of discussion at the International Tribunal for the Law of the Sea (ITLOS) which this year issued its own advisory opinion on climate change.
ITLOS ruled that countries need to go beyond their commitments under the Paris Agreement to protect the oceans from the impact of greenhouse gas emissions. The ICJ will have to take this opinion into account, in addition to a forthcoming one from the Inter-American Court on Human Rights.
Ralph Regenvanu, Vanuatu’s special envoy for climate change who opened the ICJ hearings on Monday, said in response to the US’s statement that climate change treaties are essential but cannot be “a veil for inaction or a substitute for legal accountability”.
“These nations – some of the world’s largest greenhouse gas emitters – have pointed to existing treaties and commitments that have regrettably failed to motivate substantial reductions in emissions,” he said. “There needs to be an accounting for the failure to curb emissions and the climate change impacts and human rights violation that failure has generated.”
Legal experts say Trump could quit Paris pact – but leaving UNFCCC much harder
Ashfaq Khalfan, climate justice director for Oxfam America, said it was “absurd” for the Biden administration to make arguments against clearer legal obligations on climate change given the upcoming presidency of Donald Trump, who has vowed to withdraw the US from the Paris Agreement for a second time when he takes office.
The ICJ hearing continues until December 13 in The Hague, with other big greenhouse gas emitters such as the UK still to speak.
(Reporting by Isabella Kaminsky; editing by Megan Rowling)
The post Big emitters accused of hiding behind climate treaties at international hearing appeared first on Climate Home News.
Big emitters accused of hiding behind climate treaties in international hearing
Discussing climate change can make a difference. Focusing on the impacts in everyday life is a good place to start, experts say.
When Bad Bunny climbed onto broken power lines during his Super Bowl halftime show, millions of viewers saw a spectacle. Climate communicators saw a lesson in how to talk about climate change.
Wondering How to Talk About Climate Change? Take a Lesson from Bad Bunny
Sydney, Thursday 19 March 2026 — In response to escalating attacks on gas fields in the Middle East, including Israeli strikes on Iran’s giant South Pars gas field and Iranian retaliations on gas fields in Qatar and Saudi Arabia, the following lines can be attributed to Solaye Snider, Campaigner at Greenpeace Australia Pacific:
“The targeting of gas fields across the Middle East is a perilous escalation that reinforces just how vulnerable our fossil-fuelled world really is.
“Oil and gas have long been used as tools of power and coercion by authoritarian regimes. They cause climate chaos and environmental pollution and they drive conflict and war. The energy security of every nation still hooked on gas, including Australia, is under direct threat.
“For countries that are reliant on gas imports, like Sri Lanka, Pakistan and South Korea, this crisis is just getting started. It can take months to restart a gas export facility once it is shut down, meaning the shockwaves of these strikes will be felt for a long time to come.
“It is a gross and tragic injustice that while civilians are killed and lose their homes to this escalating violence, and families struggle with a tightening cost-of-living, gas giants like Woodside and Santos have seen their share prices surge on the prospect of windfall war profits.
“We must break this cycle. Transitioning to local renewable energy is the way to protect Australian households from the inherent volatility of fossil fuels like gas.”
-ENDS-
Images available for download via the Greenpeace Media Library
Media contact: Lucy Keller on 0491 135 308 or lkeller@greenpeace.org
Greenpeace response to escalating attacks on gas fields in Middle East
Climate Change
DeBriefed 20 March 2026: Energy crisis deepens | Brazil’s new climate plan | New Zealand climate case
Welcome to Carbon Brief’s DeBriefed.
An essential guide to the week’s key developments relating to climate change.
This week
Iran war fallout continues
WORK FROM HOME: The International Energy Agency has advised its member countries to take 10 steps in response to the ongoing energy crisis fuelled by the Iran war, including reducing highway speeds and encouraging people to work from home, said the Guardian. It came after retaliatory attacks between Israel and Iran continued to destroy energy infrastructure in the Middle East, causing energy prices to soar further, said Reuters.
SUPPLY DISRUPTED: The IEA also said it is prepared to make more of its member nations’ 1.4bn-barrel oil reserves available to help ease the impacts of what it called the “biggest supply disruption in the history of the oil market”, reported Bloomberg. The outlet noted that Asian countries have been hit hardest by the shortages, caused by a “near-halt” of shipping through the Strait of Hormuz.
EU SUMMIT: The energy crisis dominated talks at an EU leaders summit on Thursday, said Politico. Arriving at the summit, Spain’s prime minister Pedro Sánchez attacked other European leaders for using the energy crisis as an excuse to “gut climate policies”, according to the EU Observer. The Financial Times said that some European leaders have asked the European Commission to overhaul its flagship emissions trading system (ETS) by summer in response to the energy crisis.
COAL BOOST: In response to the conflict, utility companies in Asia are “boosting coal-fired power generation to cut costs and safeguard energy supply”, said Reuters. UN climate change executive secretary Simon Stiell told Reuters: “If there was ever a moment to accelerate that energy transition, breaking dependencies which have shackled economies, this is the time.”
Around the world
- WINDFARM WINDFALL: The Trump administration in the US is considering a nearly $1bn settlement with TotalEnergies to cancel the French energy company’s two planned windfarms off the US east coast and have it instead invest in fossil-gas infrastructure in Texas, according to documents seen by the New York Times.
- BUSINESS CLASH: Following “clashes” with the agribusiness sector, Brazil launched its new climate plan, which calls for a 49-58% reduction in greenhouse gas emissions from 2022 levels by 2025 and includes “specific guidelines for different sectors”, reported Folha de Sao Paolo.
- SALES SLUMP: Sales of liquified petroleum gas from India’s state-run oil companies have fallen by 17% this month due to cuts in deliveries to commercial and industrial consumers “amid the widespread logistical bottlenecks triggered by the Iran war”, said the Economic Times.
- CUBAN ENERGY CRISIS: The US imposed an “effective oil blockade” on Cuba, leaving the country facing its “worst energy crisis in decades”, reported the Washington Post. Meanwhile, Chinese exports of solar panels to the island have “skyrocketed” since 2023, it added.
- RECORD HIGHS: An “unprecedented” heatwave in the western and south-western US is “shattering dozens of temperature records” and could lead to drought in California in the coming months, reported the Los Angeles Times.
- VULNERABILITY CONCERNS: Landslides that killed more than 100 people in southern Ethiopia have “renewed concerns about Ethiopia’s vulnerability to climate-related disasters”, said the Addis Standard.
1%
The percentage of England’s land surface that could be devoted to renewables by 2050, according to the long-awaited “land-use framework” released by the UK government this week and covered by Carbon Brief.
Latest climate research
- Approaching international climate action by shifting the burden of mitigation onto higher-income countries could avoid 13.5 million premature deaths from air pollution in middle- and lower-income countries by 2050 | The Lancet Global Health
- Beavers can turn the ecosystems surrounding streams into “persistent” sinks of carbon that can sequester an order of magnitude more than non-beaver-modified ecosystems can store | Communications Earth & Environment
- Mobile-phone data from seven diverse countries during the summer heatwaves of 2022-23 showed a “widespread tendency to withdraw into homes” and an increase in out-of-home activities that can offer cooling, such as indoor retail | Environmental Research: Climate
(For more, see Carbon Brief’s in-depth daily summaries of the top climate news stories on Monday, Tuesday, Wednesday, Thursday and Friday.)
Captured
Carbon Brief this week published a significant update to its map of how climate change is affecting extreme weather events around the world. The map now includes 232 new extreme weather events from studies published in 2024 and 2025. Of these events, 196 were made more severe or more likely to occur by human-driven climate change, 12 were made less severe or less likely to occur and 10 had no discernible human influence. (The remaining 14 studies were inconclusive.)
Spotlight
New Zealand breaks new ground on climate litigation
This week, Carbon Brief speaks to experts about a first-of-its-kind climate lawsuit in New Zealand.
Earlier this week, representatives from two environmentally focused legal advocacy groups challenged the New Zealand government’s climate-action plan in court.
The plaintiffs argued that the measures laid out in the plan are insufficient to achieve the country’s legal obligation to hold global warming to 1.5C above pre-industrial temperatures.
The case could be “influential” in shaping lawsuits and rulings around the world, one legal expert not involved in the case told Carbon Brief.
Reductions vs removals
The new case contends that there are several issues regarding the New Zealand government’s response to climate change.
One of the key arguments the plaintiffs make is that New Zealand’s second emissions reduction plan, which covers the period from 2026-30, is overreliant on the use of tree-planting to achieve its targets.
When the plan was released in December 2024, it was “immediately clear that it was a pretty lacklustre plan”, Eliza Prestidge Oldfield, senior legal researcher at the Environmental Law Initiative, one of the groups behind the legal case, told Carbon Brief.
The plan called for large-scale planting of pine tree plantations, which are not native to New Zealand and have a high risk of burning. Because of this, there are concerns about how permanent any carbon removal provided by these plantations actually can be, experts told Carbon Brief.
Catherine Higham, senior policy fellow at the Grantham Research Institute on Climate Change and the Environment who was not involved in the case, said:
“The lawyers are arguing that there are real challenges with equating the emissions that you may be able to remove from the atmosphere through afforestation with actual emissions reductions, which are much more certain.”
‘Global dialogue’
While other climate lawsuits elsewhere in the world have also focused on the inadequacy of a government’s plan to meet its stated emissions-reduction targets, this is the first such case that addresses the role of removals head-on.
Lucy Maxwell, co-director of the Climate Litigation Network, told Carbon Brief that the lawsuit “builds on a decade of climate litigation” in national, regional and international courts.
Maxwell, who was not involved in the New Zealand case, added that there is a “real global dialogue” between, not just plaintiffs, but national courts as well. She said:
“[National courts] look to common issues that have been decided in other countries. They’re not binding on that court if it’s at the national level, but they are influential.”
Given that many other countries have legal frameworks requiring their governments to create plans outlining the pathway to their long-term climate targets, Prestidge Oldfield told Carbon Brief that other jurisdictions “should be interested in these questions around the level of certainty”.
Higham noted that, even if the case is successful, addressing the plan’s shortfalls will face its own set of challenges. She told Carbon Brief:
“A lot of these decisions are political and they can be politically contentious…Those [measures] have to be put into action through legislation and that is then subject to the usual political process. So that’s where the challenge comes in.”
While she could not speculate on the outcome of the case, Prestidge Oldfield said it was “very heartening” to see that both the judge and the opposing counsel “appreciated how much of a concern climate change is globally”.
She added:
“It’s not a given that the judge would even be interested in climate change.”
Watch, read, listen
COMMON APPROACH: The Heated podcast analysed fossil-fuel advertisements and highlighted the most common deception tactics they employed.
THREAT ASSESSMENT: Mongabay mapped the potential threat that oil extraction poses to Venezuela’s ecosystems, including the Amazon rainforest and its coral reefs.
SALT LAKES? GREAT!: High Country News interviewed journalist Dr Caroline Tracey about her new book on saline lakes – such as Utah’s Great Salt Lake – the threats that face them and what they can teach us.
Coming up
- 23 March-2 April: Third meeting of the preparatory commission for the High Seas Treaty, New York
- 24-27 March: 64th session of the Intergovernmental Panel on Climate Change, Bangkok
- 26-29 March: 14th ministerial conference of the World Trade Organization, Yaoundé, Cameroon
Pick of the jobs
- International Centre of Research for the Environment and Development (CIRAD), IPCC chapter scientist | Salary: €3,200-3,750 per month. Location: Nogent-sur-Marne, France
- Avaaz, chief of staff | Salary: Dependent on location. Location: Remote, with preferred time zones
- Green Party, social media officer | Salary: £31,592-£32,192. Location: Remote or Westminster, UK
DeBriefed is edited by Daisy Dunne. Please send any tips or feedback to debriefed@carbonbrief.org.
This is an online version of Carbon Brief’s weekly DeBriefed email newsletter. Subscribe for free here.
The post DeBriefed 20 March 2026: Energy crisis deepens | Brazil’s new climate plan | New Zealand climate case appeared first on Carbon Brief.
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