Prospects have brightened for green reforms to a controversial international treaty that protects fossil fuel investments, as ministers of European Union states agreed on Thursday that countries can still choose to support the reforms despite the bloc’s decision to quit the pact.
In a statement, a gathering of EU ministers called the Council of the EU said the decision “unlocked the process of modernisation of the Energy Charter Treaty (ECT) for its non-EU contracting parties”.
The compromise allows the EU as a body to withdraw from the treaty, while individual EU member states can stay in and approve the green reforms at a conference due to take place this year, if they wish.
The ECT currently allows all energy companies – including coal, oil and gas firms – to sue governments over climate and other policies they see as a threat to their current and future profits.
The proposed reforms to modernise the ECT, which are due to be voted on in November, would make it easier for ECT countries to prevent the treaty being used as a basis for lawsuits involving fossil fuel assets that are affected by green economy measures.
However, with several European countries already filing their notice to leave the ECT, it is unclear whether a sufficient number of EU states will stay in the treaty long enough to get the reforms approved. As part of today’s EU Council agreement, the EU confirmed it would leave the treaty.
Other ECT member states, including Japan and Kazakhstan, only grudgingly agreed to back the reforms under pressure from the European Commission.
For the ECT “modernisation” proposal to be adopted, none of the treaty’s member governments – now numbering 49 – must vote against it at November’s conference. Then three-quarters of ECT members need to ratify the reforms for them to take effect.
If the reforms fail, the ECT’s members across Europe and Asia will be unable to remove its protection for fossil fuel investments and – due to a 20-year sunset clause – even EU countries that have left would be exposed to lawsuits for that period.
Post-Soviet treaty
The ECT was conceived in the 1990s to boost investment flows between Western and post-Soviet countries. But its provisions to deter states from grabbing private assets have since been used by energy companies to fight back against climate policies.
In 2020, a British oil and gas company sued Slovenia over what it called “unreasonable” environmental protections”, while German energy company Uniper threatened to sue the Dutch government for €1 billion ($1.1bn) over its coal phase-out plans.
In lawsuits brought under the ECT last November, British oil company Kelsch is suing the EU, Germany and Denmark for at least 95 million euros ($102m) over a windfall tax on energy firms.
G7 offers tepid response to appeal for “bolder” climate action
The European Commission reacted to these and other cases by attempting to remove fossil fuels from the list of investments protected by the ECT – with the aim that it would apply only to clean energy assets.
For two years, efforts by EU negotiators were repeatedly blocked by Japan and Kazakhstan. But in June 2022, a “flexibility mechanism” was agreed that would allow ECT states to end protection for fossil fuels, as long as no other ECT state objected.
Europe divided
Despite European Commission negotiators finally winning this right, EU member countries were divided on how to apply it.
Governments like France, Spain and Luxembourg wanted to immediately end protection for fossil fuel investments but faced push-back from several Eastern European countries.
They agreed a compromise to stop protection for new fossil fuel investments but to continue it for existing investments for ten years – a decision that angered climate campaigners.
Southern Africa drought flags dilemma for loss and damage fund
Friends of the Earth’s Paul de Clerck said at the time it would “lock the EU in fossil fuel investment protection” for a decade.
Despite this agreement, by the time the annual ECT conference came around in November 2022, EU governments no longer unanimously backed the reforms the European Commission had negotiated, and so they were shelved.
Locking in Asian fossil fuels
The EU’s stalling on the reforms drew an angry response from then head of the ECT secretariat, Guy Lentz of Luxembourg.
In a letter to the leader of the European Parliament in February 2023, he warned that if the EU withdrew as a bloc before approving the modernisation, it would amount to “an express prohibition” for other ECT members to better align with the Paris Agreement on climate change.
Tensions rise over who will contribute to new climate finance goal
He added that failure to agree reforms would essentially allow fossil fuel companies to sue EU states for longer because of an existing 20-year sunset clause, which means energy companies can bring lawsuits against governments for two decades even after a country leaves the treaty.
EU states wanted to neutralise this sunset clause by agreeing a side deal between themselves not to apply the treaty. But Lentz said these attempts “may not provide the expected legal certainty”. Campaigners accused him of “bluffing”.
Numbers game
EU countries then continued to debate among themselves whether to stay in or leave the ECT and – if they withdrew – whether to modernise it before exiting.
Despite the ongoing talks, France, Germany and Poland officially left the ECT in December 2023. Luxembourg and Slovenia will leave in June and October 2024 respectively. Portugal, the UK, Spain and the EU will leave next year.
This debate was resolved today, with EU states’ ministers agreeing to a compromise, brokered by the Belgian government. Governments that want to can stay and support the modernisation, but the EU itself can start process of exiting right away.
Belgian energy minister Tinne Van der Straeten said her government had “worked tirelessly to break this complex deadlock and found a balance acceptable and useful to all”.
The deal essentially makes the reforms contingent on timing and EU countries’ commitment to reform.
By November, after Luxembourg and Slovenia exit, there will be 47 ECT member states, including 22 from the EU. Eleven more – including the United Kingdom and Switzerland – are in Europe but not in the EU. Nine others are in Central Asia and three in the Middle East, with Japan and Mongolia the remaining two.
E3G analyst Eunjung Lee said ECT modernisation “is still uncertain” but added “with the EU Council decision today, it is probable that the modernisation might pass, particularly if the voting takes place via correspondence”.
The ECT approved this option in October 2022. It means the conference’s chair sets a deadline by which any objections should be sent in.
“This will make things easier than voting at a conference, because unless there is a clear objection, the modernisation will be adopted”.
But even if the reform is approved, Lee said the ratification by three-quarters of countries “could take forever”.
De Clerck of Friends of the Earth agreed, saying “it is unclear if the reform would ever be ratified”.
(Reporting by Joe Lo; editing by Megan Rowling)
The post Despite exit, EU seeks to save green reforms to energy investment treaty appeared first on Climate Home News.
Despite exit, EU seeks to save green reforms to energy investment treaty
Climate Change
Island nations fight to save cultural heritage from climate change
Farmers and fishermen in the Maldives have long relied on an ancient calendar to guide their daily lives.
The Nakaiy system divides the year into 27 distinct periods, each named after a star or constellation in the night sky.
Any one period in the calendar tells you about expected weather and tidal patterns, navigational routes, and fishing conditions. The Nakaiy was created through centuries of careful observation and local knowledge, passed down through families as an essential tool for survival.
But things are now changing. The climate crisis is leading to more extreme weather events across the Indian Ocean island nation and upending the Nakaiy calendar.
“When you go and speak to communities and ask them what kind of impacts they are facing, a lot of elders will tell you that the weather, it doesn’t follow the calendar anymore,” explained Aishath Reesha Suhail, a programme officer in the Maldives’ Ministry of Tourism and Environment.
As the effects of climate change worsen, it is a real prospect that the Nakaiy may be abandoned by local people, representing a major cultural loss to the Maldives.
‘Systemic and growing threat’
With extreme weather becoming the norm, communities are observing a domino effect of consequences in their everyday lives. The slow onset of heritage loss is now being seen across continents, but notably among small islands in remote parts of the ocean.
“Climate change represents a systemic and growing threat to cultural heritage worldwide,” a UNESCO spokesperson told Climate Home, adding that the World Heritage Committee has identified climate change as “one of the most significant long-term risks affecting properties across all regions.”
UNESCO, the UN body for education, science and culture, defines the loss of cultural heritage as “the erosion of traditional knowledge systems, craftsmanship, social practices and identity, particularly where communities are displaced or livelihoods disrupted”. A clear example is historical sites and even entire islands washed into the ocean as a result of rising sea levels and coastal erosion.
The Maldives is dealing with such a situation now. The Koagannu Cemetery is a 900-year-old resting place, located on the country’s southernmost atoll, a mere 50 metres from the shoreline. The monument’s intricate coral gravestones are being actively threatened by the encroaching Indian Ocean.
The government and local community have responded to this challenge with emergency protection measures. Sandbags and concrete structures have been installed along the coastline, complemented by large numbers of palm trees to create a seawall. A wider solution is ‘beach nourishment’, a common practice in the Maldives where sand from elsewhere is brought in to replace what has been lost through erosion. Taken together, these solutions have so far protected the cemetery.
Among the many issues climate change creates, cultural heritage is not always front of mind. In the Maldives, one of the main barriers people face is awareness. “Most of what we are dealing with relates to the erosion of our islands along with areas such as fisheries… but we are quite limited in our capacity to do something about it,“ Suhail said.
“We don’t understand the full breadth of the issue at present because we haven’t been able to do extensive research on the matter,” she added. However, assessing the extent of the damage – and how to respond effectively – is a key priority for the government, outlined in its latest climate plan, known as a Nationally Determined Contribution, and as part of its National Adaptation Plan process.
Fishing is at the core of the country’s culture and identity, employing thousands of people. Most dishes include fish – “we have it for breakfast, lunch and dinner,” Suhail noted – but the climate crisis and overfishing are shifting how and when communities can fish. Tuna makes up 98% of all fish caught in the Maldives, but warmer ocean temperatures are changing migratory patterns, pushing the species into deeper, colder waters.
As a critical economic and cultural resource, the government has outlined a range of solutions to protect the fisheries sector in its first Biennial Transparency Report to the UN. These include using real-time tracking data to improve the efficiency of fishing operations; investing in canneries to increase fish storage; and diversifying away from tuna through marine farming.


Culture and nature go hand-in-hand
The same pattern is playing out elsewhere.
Palau and the Maldives are not close to one another. The two states are separated by around 4,000 miles and sit in different corners of the ocean. But both are experiencing very similar climate challenges, based on their position as a set of scattered, low-lying islands surrounded by an imposing body of blue water.
In the same way as the Maldives, Palau’s cultural heritage is closely tied to “land, coastlines and traditional food systems,” according to Toni Soalabla, at the Palau Office of Climate Change.
“Many of the places that hold stories, history and identity of our communities are located along the coast and are increasingly exposed to erosion and sea level rise,” she said.
One of these places is Ngerutechei village, reportedly the oldest in Palau, and home to ancient stone paths and carvings. The village provides a glimpse into the past social values and culture of the people in this western Pacific nation.
As part of the development of Palau’s National Adaptation Plan, the government has worked with local leaders to identify similar sites of cultural significance. The plan encourages communities to use their own knowledge to create protective measures for these sites.
Climate change is also prompting communities to take up traditional land and food practices again. These include cultivating taro, a stable food source that has historically supported water, soil and food security on the islands.
“These systems developed over generations in response to local environmental conditions, so strengthening them today is both a climate adaptation measure and a way of maintaining cultural knowledge that might otherwise fade,” said Soalabla.
Cultural practices in Palau have developed alongside the natural ecosystems that people rely on to survive. It is within this context that researchers believe adaptation policies should be created. Recognising this relationship “can strengthen both community identity and environmental resilience at the same time”, according to Soalabla.




Heritage on the global stage
The issue of cultural loss has not gone unnoticed in international climate negotiations.
Small island states such as the Maldives have used their role at the UN to push for greater awareness and action, with some key successes.
In 2015, the Paris Agreement established a Global Goal on Adaptation (GGA) which recognised that countries needed to do something about climate change now and not later. However, it took six years before a framework and a set of adaptation targets were agreed at the UN climate summit in Glasgow to pursue this goal.
From this came the establishment of seven overall themes – from poverty eradication to access to health – to guide adaptation action and a set of around 60 indicators to measure progress against the targets.
World leaders invited to see Pacific climate destruction before COP31
Emilie Beauchamp, an adaptation specialist at the International Institute for Sustainable Development (IISD), said that “cultural heritage was highlighted as one of the global priorities [of the GGA Framework] and is one of the seven themes, so it is considered very important by the international community.”
The much-debated set of indicators, only finalised in Belém at last year’s COP30, include five related to cultural heritage with a focus on preserving cultural practices and important sites that are “guided by traditional knowledge, Indigenous Peoples’ knowledge and local knowledge systems”. A spokesperson for UNESCO said the inclusion of heritage indicators “marks an important recognition that climate impacts extend beyond economic losses”.
While critics said the set of final indicators was rushed through by the Brazilian presidency, they now serve as guidance for national governments that wish to implement plans to protect their common heritage. The missing piece of the puzzle remains how to finance these plans – something notably absent from the Belém text, which made clear that the adaptation indicators “do not create new financial obligations or commitments, nor liability or compensation”.
The lack of financial commitments proved disappointing for many small states grappling with how to prevent their cultural history from being entirely forgotten, especially at a time when adaptation finance remains below requirements. A recent UNEP report found that developing nations would need an estimated US$310 billion per year in 2035 to adapt to climate change, while current public financing was around $26 billion.
At these low levels “only a small percentage of what the framework outlines could be implemented,” according to Beauchamp.


The challenge of cultural heritage
When looking at low-lying islands on a map, they can appear as specks of land amid a vast ocean. Many of the stories from these remote places go unnoticed. But the specks represent millennia of human culture that is slowly being lost to the ocean.
While the international community has now recognised the problem and solutions exist, the recurring issue of scarce finance may prevent governments from taking sustained action. Island communities have already been forced to move home as sea levels rise, leaving behind their cultural connections to a place.
The value of any cultural asset, or of human heritage, can be judged by how it is engaged with over generations. Without human intervention, many historical sites, language, cuisine and other local customs would become a forgotten part of history. The rapid onset of climate change brings the role of cultural heritage into sharp relief, challenging communities to decide in real time what they value, what deserves saving, and how to achieve that.
Stories of cultural loss are not confined to small islands but it is here where the challenge is presenting most acutely. The experiences of these vulnerable nations in protecting their heritage will provide the litmus test for effective adaptation responses elsewhere.
Adam Wentworth is a freelance writer based in Brighton, UK.
(Main image: The Isdhoo Havitha is an ancient Buddhist monastery in the Maldives, located moments from the shoreline. Photo: Ashwa Faheem)
The post Island nations fight to save cultural heritage from climate change appeared first on Climate Home News.
Island nations fight to save cultural heritage from climate change
Climate Change
The Wabanaki Basketmakers’ Plans to Save Maine’s Ash Trees
The invasive emerald ash borer, native to northeast Asia, has spread to 37 states over the past quarter century, killing nearly all of the ash trees it infests. But in Maine, a coalition of basketmakers, scientists and government officials are plotting a future for their trees.
Each strip of wood in Richard Silliboy’s hands started as a year of an ash tree’s life.
Climate Change
Toxic Ocean Crisis in Papua New Guinea Sparks Mass Marine Die-Off and Public Health Emergency
Thousands of dead fish are washing ashore and people are falling ill too, as officials investigate possible sources of contamination.
It started in December, when dead fish began washing ashore New Ireland—a mountainous island in Papua New Guinea’s New Ireland Province, flanked by the Pacific Ocean and the Bismarck Sea.
Toxic Ocean Crisis in Papua New Guinea Sparks Mass Marine Die-Off and Public Health Emergency
-
Climate Change8 months ago
Guest post: Why China is still building new coal – and when it might stop
-
Greenhouse Gases8 months ago
Guest post: Why China is still building new coal – and when it might stop
-
Greenhouse Gases2 years ago嘉宾来稿:满足中国增长的用电需求 光伏加储能“比新建煤电更实惠”
-
Climate Change2 years ago
Bill Discounting Climate Change in Florida’s Energy Policy Awaits DeSantis’ Approval
-
Climate Change2 years ago嘉宾来稿:满足中国增长的用电需求 光伏加储能“比新建煤电更实惠”
-
Climate Change Videos2 years ago
The toxic gas flares fuelling Nigeria’s climate change – BBC News
-
Renewable Energy5 months agoSending Progressive Philanthropist George Soros to Prison?
-
Carbon Footprint2 years agoUS SEC’s Climate Disclosure Rules Spur Renewed Interest in Carbon Credits
