Connect with us

Published

on

Civil servants from New Zealand’s foreign and trade ministry have advised politicians that reversing a ban on offshore oil and gas exploration could harm the country’s international reputation and relationships, anger Pacific nations and risk lawsuits over climate change.

In 2018, the country’s then centre-left prime minister, Jacinda Ardern, effectively banned fresh efforts to look for fossil fuels offshore. But the new right-wing government led by Christopher Luxon – a former CEO of Air New Zealandintroduced legislation to reverse the ban last week, allowing just four working days for consultation and aiming to pass it by the end of this year.

In official advice, which the government accidentally published despite attempting to keep secret, the ministry warned that the move “risks being seen as running counter to the Pacific regional and global consensus on transitioning away from fossil fuels”.

It goes on to cite the global agreement made at the COP28 UN climate summit last December calling on governments “to contribute” to “transitioning away from fossil fuels in energy systems”.

Greenpeace Africa in disarray as restructuring meets resistance

Saudi Arabia’s energy minister has downplayed the significance of this COP28 decision by calling it an “à la carte menu” of “choices”. But New Zealand-based Oil Change International campaigner David Tong said the advice from New Zealand’s civil servants shows the importance of the deal struck in Dubai.

“It provides an unambiguous example of experienced climate diplomats warning political decision-makers that domestic decisions to backslide on moves away from fossil fuels will lead to diplomatic backlash,” he told Climate Home.

The document, called a “regulatory impact statement”, was overseen by a business ministry official but features input from other departments. The section featuring the foreign and trade ministry’s advice was supposed to be redacted but the government accidentally tabled an unredacted version to parliament.

Pacific anger

A previously redacted section suggests that, in particular, the potential reaction of New Zealand’s “Pacific Island partners” to a reopening of oil and gas exploration is important for the government. It points out that the COP28 agreement “drew heavily” from the outcome of the 2023 Pacific Island Forum leaders meeting.

Tina Stege, climate envoy for the Marshall Islands, told Climate Home that the previous New Zealand government’s decision to ban new offshore gas exploration was “courageous” and “strongly supported by the Pacific”.

Colombia adds nature to the mix with its $40-billion energy transition plan

She added that “any moves to restart offshore exploration would be out of line with the commitment we made in Dubai”. “We would have to question if New Zealand were truly committed to the safety and security of the Marshall Islands and all our brothers and sisters in the Pacific,” she added, referring to the threat faced by small island states of rising sea levels from global warming caused largely by the burning of fossil fuels.

Pacific nations have also criticised the Australian government’s recent decision to approve the expansion of three coal mines. Tuvalu’s climate minister Maina Talia recently told the Guardian newspaper that this was “immoral and unacceptable”.

Australia is hoping to co-host the COP31 climate summit in 2026 with at least one Pacific nation – but Turkiye also wants to host that summit.

Legal risks

In a section marked “legally privileged”, the statement highlighted two legal risks that would stem from reversing the ban on offshore oil and gas exploration.

It noted foreign and trade ministry officials’ assessment that such a move “could be perceived” as New Zealand not intending to meet its official United Nations climate plan, known as a Nationally Determined Contribution.

“This gives rise to international legal risk,” the document says, adding that “there have been attempts globally to take novel cases against States under international law, for breach of their climate change obligations”. “While these legal risks are low at this time, as is the risk of challenge, this is an active area of international litigation,” it continued.

Amazon state that will host COP30 strikes “largest carbon credit sale in history”

Governments are increasingly being sued – in both national and international courts – over their perceived lack of climate action.

In April 2024, the European Court of Human Rights ruled that Switzerland had breached its citizens’ human rights by not doing enough to cut greenhouse gas emissions, a conclusion the Swiss government disputes.

In response to a campaign led by the Pacific nation of Vanuatu, the International Court of Justice is preparing an advisory opinion on states’ legal obligations on climate change and human rights, and the consequences of causing harm.

In September 2022, the UN Human Rights Committee found that Australia’s failure to protect Indigenous Torres Strait Islanders from rising seas and extreme weather, because of its inadequate action on climate change, violated their human rights.

Nikki Reisch, director of the Center for International Environmental Law’s climate and energy programme, told Climate Home that lifting New Zealand’s fossil fuel exploration ban would be “ripe for legal challenge”.

“It’s likely to be challenged as contrary to the state’s climate obligations – both domestic and international – as well as its duties under human rights and constitutional laws to protect the right to life and other rights,” she said.

Trade deals

The foreign ministry also advised that lifting the ban on fossil fuel exploration would “likely be inconsistent with the obligations in several of New Zealand’s free trade agreements (FTA) not to reduce environmental protections for the purposes of encouraging trade or investment”.

New Zealand’s agreements with the European Union (EU) and the UK contain these kind of provisions. But the officials advised that the “risk of legal challenge” on this was “likely to be low”.

The civil servants’ advice was published on May 15, 2024. Tong said the risk of lawsuits had increased since then.

The EU has proposed Dan Jørgensen – a former Danish climate minister and convenor of the Beyond Oil and Gas Alliance – as its new energy commissioner, Tong noted. “He is likely to take a dim view of New Zealand forcing the Alliance to kick the country out,” he said.

Tong added that the UK’s new left-wing Labour government, which came into power in July, has pledged to end new offshore oil exploration. “Failure to implement the COP28 outcomes could spark trade risks under existing free trade agreements,” he said.

(Reporting by Joe Lo, editing by Megan Rowling)

The post Civil servants warn fossil fuel exploration could harm New Zealand’s climate reputation appeared first on Climate Home News.

Civil servants warn fossil fuel exploration could harm New Zealand’s climate reputation

Continue Reading

Climate Change

Big fishing nations secure last-minute seat to write rules on deep sea conservation

Published

on

As a treaty to protect the High Seas entered into force this month with backing from more than 80 countries, major fishing nations China, Japan and Brazil secured a last-minute seat at the table to negotiate the procedural rules, funding and other key issues ahead of the treaty’s first COP.

The Biodiversity Beyond National Jurisdiction (BBNJ) pact – known as the High Seas Treaty – was agreed in 2023. It is seen as key to achieving a global goal to protect at least 30% of the planet’s ecosystems by 2030, as it lays the legal foundation for creating international marine protected areas (MPAs) in the deep ocean. The high seas encompass two-thirds of the world’s ocean.

Last September, the treaty reached the key threshold of 60 national ratifications needed for it to enter into force – a number that has kept growing and currently stands at 83. In total, 145 countries have signed the pact, which indicates their intention to ratify it. The treaty formally took effect on January 17.

    “In a world of accelerating crises – climate change, biodiversity loss and pollution – the agreement fills a critical governance gap to secure a resilient and productive ocean for all,” UN Secretary-General António Guterres said in a statement.

    Julio Cordano, Chile’s director of environment, climate change and oceans, said the treaty is “one of the most important victories of our time”. He added that the Nazca and Salas y Gómez ridge – off the coast of South America in the Pacific – could be one of the first intact biodiversity hotspots to gain protection.

    Scientists have warned the ocean is losing its capacity to act as a carbon sink, as emissions and global temperatures rise. Currently, the ocean traps around 90% of the excess planetary heat building up from global warming. Marine protected areas could become a tool to restore “blue carbon sinks”, by boosting carbon absorption in the seafloor and protecting carbon-trapping organisms such as microalgae.

    Last-minute ratifications

    Countries that have ratified the BBNJ will now be bound by some of its rules, including a key provision requiring countries to carry out environmental impact assessments (EIA) for activities that could have an impact on the deep ocean’s biodiversity, such as fisheries.

    Activities that affect the ocean floor, such as deep-sea mining, will still fall under the jurisdiction of the International Seabed Authority (ISA).

    Nations are still negotiating the rules of the BBNJ’s other provisions, including creating new MPAs and sharing genetic resources from biodiversity in the deep ocean. They will meet in one last negotiating session in late March, ahead of the treaty’s first COP (conference of the parties) set to take place in late 2026 or early 2027.

    China and Japan – which are major fishing nations that operate in deep waters – ratified the BBNJ in December 2025, just as the treaty was about to enter into force. Other top fishing nations on the high seas like South Korea and Spain had already ratified the BBNJ last year.

    Power play: Can a defensive Europe stick with decarbonisation in Davos?

    Tom Pickerell, ocean programme director at the World Resources Institute (WRI), said that while the last-minute ratifications from China, Japan and Brazil were not required for the treaty’s entry into force, they were about high-seas players ensuring they have a “seat at the table”.

    “As major fishing nations and geopolitical powers, these countries recognise that upcoming BBNJ COP negotiations will shape rules affecting critical commercial sectors – from shipping and fisheries to biotechnology – and influence how governments engage with the treaty going forward,” Pickerell told Climate Home News.

    Some major Western countries – including the US, Canada, Germany and the UK – have yet to ratify the treaty and unless they do, they will be left out of drafting its procedural rules. A group of 18 environmental groups urged the UK government to ratify it quickly, saying it would be a “failure of leadership” to miss the BBNJ’s first COP.

    Finalising the rules

    Countries will meet from March 23 to April 2 for the treaty’s last “preparatory commission” (PrepCom) session in New York, which is set to draft a proposal for the treaty’s procedural rules, among them on funding processes and where the secretariat will be hosted – with current offers coming from China in the city of Xiamen, Chile’s Valparaiso and Brussels in Belgium.

    Janine Felson, a diplomat from Belize and co-chair of the “PrepCom”, told journalists in an online briefing “we’re now at a critical stage” because, with the treaty having entered into force, the preparatory commission is “pretty much a definitive moment for the agreement”.

    Felson said countries will meet to “tidy up those rules that are necessary for the conference of the parties to convene” and for states to begin implementation. The first COP will adopt the rules of engagement.

    She noted there are “some contentious issues” on whether the BBNJ should follow the structure of other international treaties such as the Convention on Biological Diversity (CBD), as well as differing opinions on how prescriptive its procedures should be.

    “While there is this tension on how far can we be held to precedent, there is also recognition that this BBNJ agreement has quite a bit to contribute in enhancing global ocean governance,” she added.

    The post Big fishing nations secure last-minute seat to write rules on deep sea conservation appeared first on Climate Home News.

    Big fishing nations secure last-minute seat to write rules on deep sea conservation

    Continue Reading

    Climate Change

    Climate at Davos: Energy security in the geopolitical driving seat 

    Published

    on

    The annual World Economic Forum got underway on Tuesday in the Swiss ski resort of Davos, providing a snowy stage for government and business leaders to opine on international affairs. With attention focused on the latest crisis – a potential US-European trade war over Greenland – climate change has slid down the agenda.

    Despite this, a number of panels are addressing issues like electric vehicles, energy security and climate science. Keep up with top takeaways from those discussions and other climate news from Davos in our bulletin, which we’ll update throughout the day.

    From oil to electrons – energy security enters a new era

    Energy crises spurred by geopolitical tensions are nothing new – remember the 1970s oil shock spurred by the embargo Arab producers slapped on countries that had supported Israel during the Yom Kippur War, leading to rocketing inflation and huge economic pain.

    But, a Davos panel on energy security heard, the situation has since changed. Oil now accounts for less than 30% of the world’s energy supply, down from more than 50% in 1973. This shift, combined with a supply glut, means oil is taking more of a back seat, according to International Energy Agency boss Fatih Birol.

    Instead, in an “age of electricity” driven by transport and technology, energy diplomacy is more focused on key elements of that supply chain, in the form of critical minerals, natural gas and the security buffer renewables can provide. That requires new thinking, Birol added.

    “Energy and geopolitics were always interwoven but I have never ever seen that the energy security risks are so multiplied,” he said. “Energy security, in my view, should be elevated to the level of national security today.”

    In this context, he noted how many countries are now seeking to generate their own energy as far as possible, including from nuclear and renewables, and when doing energy deals, they are considering not only costs but also whether they can rely on partners in the long-term.

      In the case of Europe – which saw energy prices jump after sanctions on Russian gas imports in the wake of Moscow’s invasion of Ukraine – energy security rooted in homegrown supply is a top priority, European Commission President Ursula von der Leyen said in Davos on Tuesday.

      Outlining the bloc’s “affordable energy action plan” in a keynote speech at the World Economic Forum, she emphasised that Europe is “massively investing in our energy security and independence” with interconnectors and grids based on domestically produced sources of power.

      The EU, she said, is trying to promote nuclear and renewables as much as possible “to bring down prices and cut dependencies; to put an end to price volatility, manipulation and supply shocks,” calling for a faster transition to clean energy.

      “Because homegrown, reliable, resilient and cheaper energy will drive our economic growth and deliver for Europeans and secure our independence,” she added.

      Comment – Power play: Can a defensive Europe stick with decarbonisation in Davos?

      AES boss calls for “more technical talk” on supply chains

      Earlier, the energy security panel tackled the risks related to supply chains for clean energy and electrification, which are being partly fuelled by rising demand from data centres and electric vehicles.

      The minerals and metals that are required for batteries, cables and other components are largely under the control of China, which has invested massively in extracting and processing those materials both at home and overseas. Efforts to boost energy security by breaking dependence on China will continue shaping diplomacy now and in the future, the experts noted.

      Copper – a key raw material for the energy transition – is set for a 70% increase in demand over the next 25 years, said Mike Henry, CEO of mining giant BHP, with remaining deposits now harder to exploit. Prices are on an upward trend, and this offers opportunities for Latin America, a region rich in the metal, he added.

      At ‘Davos of mining’, Saudi Arabia shapes new narrative on minerals

      Andrés Gluski, CEO of AES – which describes itself as “the largest US-based global power company”, generating and selling all kinds of energy to companies – said there is a lack of discussion about supply chains compared with ideological positioning on energy sources.

      Instead he called for “more technical talk” about boosting battery storage to smooth out electricity supply and using existing infrastructure “smarter”. While new nuclear technologies such as small modular reactors are promising, it will be at least a decade before they can be deployed effectively, he noted.

      In the meantime, with electricity demand rising rapidly, the politicisation of the debate around renewables as an energy source “makes no sense whatsoever”, he added.

      The post Climate at Davos: Energy security in the geopolitical driving seat  appeared first on Climate Home News.

      Climate at Davos: Energy security in the geopolitical driving seat 

      Continue Reading

      Climate Change

      A Record Wildfire Season Inspires Wyoming to Prepare for an Increasingly Fiery Future

      Published

      on

      As the Cowboy State faces larger and costlier blazes, scientists warn that the flames could make many of its iconic landscapes unrecognizable within decades.

      In six generations, Jake Christian’s family had never seen a fire like the one that blazed toward his ranch near Buffalo, Wyoming, late in the summer of 2024. Its flames towered a dozen feet in the air, consuming grassland at a terrifying speed and jumping a four-lane highway on its race northward.

      A Record Wildfire Season Inspires Wyoming to Prepare for an Increasingly Fiery Future

      Continue Reading

      Trending

      Copyright © 2022 BreakingClimateChange.com