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
When carbon dioxide (CO2) is released from a factory or power plant, the gas can be captured and permanently stored underground, preventing it from driving climate change.
This is the idea underpinning carbon capture and storage (CCS), a technology that is at the heart of many nations’ net-zero plans.
Influential organisations, including the Intergovernmental Panel on Climate Change (IPCC), describe CCS as “critical” for cutting emissions from key sectors – and for helping to avoid dangerous global warming.
In particular, capturing CO2 is seen as one of the only viable options for decarbonising some of the world’s highest-emitting industries, such as cement production.
The UK, for example, has committed to investing as much as £21.7bn over the coming decades in its nascent CCS industry, as part of the nation’s net-zero strategy.
Yet, in the UK and elsewhere, there has been a backlash against plans for CCS.
Citing high costs, ties to the fossil-fuel industry and a “history of poor performance”, critics describe CCS as a “dangerous distraction” or a “false climate solution”.
Time and again, the outlook for the roll-out of CCS has been scaled back, as the technology has failed to deliver as quickly as expected – and as policy support has wavered.
Furthermore, critics state that the technology remains “unproven” on the scale required to make a meaningful impact on global emissions.
In this Q&A, Carbon Brief explores the role CCS is expected to play in achieving net-zero, its record to date and the reasons it has been criticised, using the UK as an example.
What is CCS?
CCS involves capturing CO2 emissions released from a large source, such as a gas power plant or a cement factory.
The CO2 is separated from the facility’s exhaust stream, generally using a chemical solvent, before being compressed into a liquid and transported via pipeline or vehicle. The CO2 is then stored by injecting it into underground reservoirs, such as depleted oil fields or saline aquifers.
The term “CCUS” is sometimes also used, referring to the “utilisation” of CO2 to make products, including fertilisers, fuels or building materials. Such uses do not necessarily lead to permanent emissions cuts, as the CO2 can end up later being released back into the atmosphere.
(“CCS” is used in this Q&A, unless quoting another organisation that specifically refers to “CCUS”.)
The infographic below shows the stages of capturing CO2 and transporting it to be either stored or used in other applications.
Carbon capture technology was originally rolled out at US and Canadian oil wells in the early 1970s as a way to achieve “enhanced oil recovery”. This involves injecting captured CO2 into depleted wells – a process that stores CO2, but also helps to extract more oil.
This remains, by far, the most significant end use for captured CO2 worldwide, with around three-quarters of it used for this purpose.
Moreover, most of the CO2 currently captured is a by-product of gas purification – the process by which fossil fuels such as methane are separated from other, unwanted substances. Selling this CO2 can make such gas projects more economically viable.
Therefore, as shown in the chart below, which is based on International Energy Agency (IEA) data, the majority of CO2 that is both captured and used today helps the fossil-fuel industry to extract and sell more oil and gas.
CCS was first proposed as a way to deal with CO2 emissions in a 1976 academic article, which imagined injecting the captured gas into the ocean.
It is only since the early 2000s that CCS has gained traction as a proposed climate solution, with a 2005 “special report” by the IPCC exploring the topic. At that time, the authors note there were just three small-scale projects trying to capture and permanently store CO2.
Installing CCS at factories or power plants and permanently storing the CO2 would mean that, in theory, such facilities could continue using fossil fuels without contributing to climate change.
Such applications are often mentioned alongside two related technologies, both of which could be used to “suck” CO2 out of the atmosphere and, thus, deliver “negative emissions”.
One is bioenergy with carbon capture and storage (BECCS). Crops absorb CO2 as they grow and BECCS involves a power plant burning these crops, then storing the resulting CO2.
The other technology is direct air carbon capture and storage (DACCS).
These technologies are classed as “CO2 removal”, as they involve absorbing CO2 from the atmosphere using plants or machines and then storing it permanently.
By contrast, CCS installed at a factory is considered a way to avoid CO2 emitted by that specific facility from entering the atmosphere. This Q&A focuses on such applications, which account for the vast majority of existing and planned CCS.
How much CCS capacity has been built so far?
As of February 2026, there were a total of 75 operational CCS projects around the world. As noted above, almost all of them are at fossil-fuel extraction and processing sites, according to the IEA’s database.
Together, these projects capture 62.5m tonnes of CO2 (MtCO2) each year. This is equivalent to the annual greenhouse gas emissions of Ecuador.
(This compares with the 22 CCS projects, promising to capture 40MtCO2 annually, that were operational or under construction as of 2014.)
As the chart below shows, the amount of CO2 currently being captured and stored is a tiny fraction of the total emissions from fossil-fuel use.
In a 2020 report, the IEA explained that the “story of CCUS has largely been one of unmet expectations: its potential to mitigate climate change has been recognised for decades, but deployment has been slow”.
A wave of interest in CCS in the 2000s, largely from countries in Europe and North America, focused on enabling coal power plants to continue operating with lower emissions.
This interest largely petered out, as plummeting renewable energy costs weakened the case for coal plants with CCS. Today, there are only seven operating CCS-coal plants worldwide – five in China, one in the US and one in Canada.
Yet the Paris Agreement in 2015 – and the national net-zero targets that followed – highlighted the need for deep emissions cuts in sectors that previously expected to continue emitting for decades. This, once again, has fuelled interest in the use of CCS.
In recent years, there has also been growing interest in producing low-carbon “blue” hydrogen from gas with CCS.
Hydrogen is widely seen as key for decarbonising certain sectors – particularly in industry – but analyses suggest that it may be difficult to make sufficient “green” hydrogen using renewable power on the timescales required.
As the map below shows, most CCS capacity is based in the US and Canada, with other major fossil-fuel producers such as Norway, Brazil and the Gulf states also contributing.
A surge of projects have entered the global CCS pipeline in recent years. According to the IEA, 93.7MtCO2 of capture or storage capacity is under construction as of February 2026 and another 1,279.6MtCO2 is in the “planning” stages.
“Planned” projects include any initiative at early concept, feasibility or engineering study stages and the industry has a long history of projects being cancelled or delayed.
Nevertheless, this pipeline of projects could lead to a large expansion of facilities dedicated to permanent CO2 storage that does not involve extracting more oil.
The planned projects – if they are realised – would also include significant growth in sectors where CCS is virtually non-existent, such as steel, hydrogen and cement production, as shown in the chart below.
What role is CCS expected to play in reaching net-zero?
It will be impossible to stop dangerous climate change unless the world reaches net-zero emissions, according to the IPCC. The amount of global warming – and whether the Paris Agreement temperature target can be met – depends on when net-zero is reached.
Many global pathways that have been set out for achieving net-zero, including a majority of the IPCC-assessed pathways where global warming is limited to 1.5C, rely on the use of CCS at fossil-fuel plants and industrial sites.
“These models have been quite instrumental in bringing CCS back onto the agenda,” Lina Lefstad, an ecological economist at Lund University, tells Carbon Brief.
Influential organisations relying on CCS in their net-zero scenarios range from the International Renewable Energy Agency (IRENA) through to the oil company Shell. The IEA has stated that net-zero would be “virtually impossible” without CCS.
These scenarios often include 10s to 100s of times more CCS capacity being built in the coming decades. The IEA includes 1.7GtCO2 being captured by 2035 in its net-zero scenario – nearly 30 times more than is captured today.
(Some of the much higher numbers in scenarios assessed by the IPCC have been dismissed by experts as implausible, especially given the slow rollout of CCS to date.)
When considering CCS for both emissions cuts and removals, Dr Jennifer Roberts, a researcher at the University of Strathclyde and deputy director at the <