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Addressing climate justice calls for a “fundamental, decolonial constitutional change”, according to a new study published in Climate Policy.

While systemic change would only be possible in the long term, there is potential for progress within the constraints of current systems, says the study, which introduces a tool to guide this outcome.

The new “Indigenous climate justice policy analysis tool” is designed to facilitate a “qualitative assessment” of the policymaking process and individual policies.

It evaluates whether a policy encompasses Indigenous climate justice and includes mechanisms to move towards securing “just” outcomes.

While the authors acknowledge the limitations of the tool in providing a measure of true “justness”, the dimensions it tests can provide insight into whether a policy upholds Indigenous climate justice, they argue.

As such, it is designed to empower Indigenous communities to hold governments accountable and to guide non-Indigenous policymakers in improving their practices to achieve “inclusive” climate justice, the authors say.

The tool was designed for assessing policies in New Zealand – the Indigenous Māori use the term Aotearoa rather than the colonial-era name – but the authors say they have “endeavoured to make it adaptable for use in other settings”.

However, one of the study authors noted the “significant political resistance” that might be triggered by attempts to embed the tool in policymaking in New Zealand – and elsewhere.

Climate justice pathways

The new research is designed to help address the gaps in the inclusion of Indigenous climate justice policies within climate action.

Climate justice is a term used to explain efforts to reshape climate action from a technical effort to cut emissions into an approach that also focuses on human rights and social inequality. It includes an understanding that those least responsible for climate change often suffer the worst impacts.

In many parts of the world, Indigenous communities bear the brunt of adverse impacts from climate change, as well as facing systemic disadvantages in climate change mitigation efforts due to structural inequity.

The paper says that, even if a policy is deemed “just”, it will still be inadequate because “true” justice “cannot be achieved in the context of a dominant colonial, capitalist patriarchy whose associated hierarchical structures, oppressive dynamics…are antithetical to Indigenous ways of being”. However, recognising the long-term nature of systemic change, the authors highlight the potential to make progress within current systems.

The tool is, therefore, designed to empower Indigenous communities to realise progress within existing governance systems, even though the authors say they recognise that justice is conditional upon “system transformation”.

Historically, colonialism has significantly contributed to climate change, as revealed by Carbon Brief analysis published in 2023. As such, climate change action necessitates addressing colonial emissions and practices by integrating “decolonial” theories, which prioritise dismantling harmful structures over efforts to reform the status quo, the research argues.

“Climate injustice is inextricably linked to colonialism, capitalism and extractivism, yet dominant environmental justice frameworks often overlook the unique experiences of Indigenous communities,” says Harjeet Singh, global engagement director of the Fossil Fuel Non-Proliferation Treaty Initiative, who was not involved in the study. Singh tells Carbon Brief:

“The very countries and corporations responsible for the climate crisis are now positioning themselves as the arbiters of climate solutions. Yet, they steadfastly avoid addressing the broader polycrisis – manifestations of colonial, capitalist, extractive and patriarchal systems from which they have reaped immense benefits.”

Existing approaches have been insufficient in effectively guiding climate policy for Indigenous people’s health and equity, the research states. The authors note that conventional environmental justice literature does not explicitly prioritise kinship relationships (whakapapa), which they say are central to the Indigenous conception of climate justice.

The authors refer to the Māori creation story which follows that all beings “emerge from the realms of Ranginui, the Sky, and Papatūānuku, the Earth – our common ancestors”. These “more-than-human” relatives are central to kin-based systems which emphasise a shared ancestry between humans and the natural world.

This “inherently anti-colonial” conception of climate justice embraces the “restoration and maintenance of harmonious relationships between humans, ancestors of all current beings and those still to come”, the research says, in contrast to settler colonialism which is “a form of violence that disrupts relationships between humans and our more-than-human relations”.

According to the authors, this tenet has largely been overlooked in mainstream climate justice efforts. In fact, limitations within existing political and legal frameworks prevent Indigenous communities from fulfilling the responsibilities they have towards the environment and other beings.

Key criteria

The research is underpinned by Kaupapa Māori – Māori customary practice and principles. This includes “wellbeing, priorities and aspirations, social and cultural contexts, and Indigenous rights”, the authors say, as well as policy frameworks, health impact assessments, ecological models and Indigenous understanding of environmental justice.

This was the basis for the tool, which incorporates 13 essential criteria (C1-C13) shown in the table below and classified under five key dimensions of justice.

Specifically, these five dimensions are relational justice, procedural justice, distributive justice, recognitional justice and restorative justice, described in more detail underneath the table.

The first three criteria focus on relational justice, including on relationships and how they form rights and responsibilities. In this context, it also extends “cosmopolitanism”, the notion that emphasises equal moral worth and respect for all humans.

Next, there are three criteria on procedural justice. These emphasise transparency and active and fair participation of all in the decision-making process. The paper extends the notion of active participation to non-human entities, such as land, air and water, providing them with political agency through human guardians who represent their interests.

For example, the Whanganui River in New Zealand has been granted legal personhood, represented by the respective local Indigenous people who are imbued with guardianship obligations. This translates to a legal right of recourse if harm is caused to the natural entity by human activities, such as releasing pollution.

The next three criteria focus on distributive justice, including the disproportionate impact of climate change on Indigenous communities who contribute least to greenhouse gas emissions. The authors advocate for free and fair distribution of burdens and benefits across groups.

Criteria 10 and 11 focus on recognitional justice. These emphasise recognition of and respect for diverse cultures, experiences and identities, validating multiple ways of knowledge production and dissemination, including Indigenous epistemologies alongside traditional Western knowledge.

The final two criteria are about restorative justice, focusing on repairing harm to individuals, communities and the environment. The paper’s conceptualisation encompasses correcting the harms against “people, other living things and the natural world” and distinguishes between reparations (financial) and remedying underlying injustices (restoration of land).

Each of the above criterion is graded against three levels of achievement:

  • Unacceptable, indicating harmful impacts or no change.
  • Progress towards justice, indicating some improvement usually within current systems and norms.
  • Climate justice, signifying complete justice for all human and non-human entities beyond the constraints of current frameworks.

The paper notes that the tool’s multidimensional nature often extends the analysis to matters outside the purview of policymakers.

For example, the case of political agency for non-human entities is useful in understanding the constraints of policymaking within existing frameworks, they note. This, essentially, means that the tool evaluates policies by standards that are currently “impossible to meet within the context in which policy development currently occurs”.

Applying the tool

The tool was piloted in New Zealand by analysing the 2021 advice to the government produced by the country’s Climate Change Commission.

Using 11 questions – six about the criteria and five about the tool as a whole – the authors identified gaps, shortcomings, redundancy and duplication issues for improvement.

The pilot also assessed the feasibility of embedding the framework in the policymaking process, whereby the tool could have continued benefits.

The research is “well-grounded in climate justice theory”, says Dr Zoha Shawoo, a scientist at the Stockholm Environment Institute, who was not involved in the study.

She says the tool could be “particularly useful in conducting gap analyses and to guide the implementation of climate finance, to ensure that climate finance projects are also advancing justice”.

Shawoo adds the tool faces many challenges including not “getting a buy-in from decision-makers and those in power, who have a vested interest in not undoing the existing systems that they actively benefit from”.

The tool was designed primarily for the political and geographical context of New Zealand, but the authors say they have “endeavoured to make it adaptable for use in other settings”.

In particular, it could be applied to other settler-colonial nations, the authors add.

Dr Rhys Jones, one of the study authors and associate professor at the University of Auckland, tells Carbon Brief about the challenges to embedding the tool within policymaking:

“First, using the tool requires particular capabilities, knowledge and expertise, which may not always be present in policymaking agencies. Second, it can be quite resource-intensive to undertake a comprehensive analysis using the tool. Third, some of the issues addressed by the tool are beyond the scope of conventional policy considerations, such as the capacity for all (human and non-human) entities to express political agency. Fourth, particularly in the current political climate in many countries, including Aotearoa New Zealand, there may be significant political resistance to the focus on Indigenous rights and recognition of Indigenous values and knowledges in policymaking processes.”

Prof Alexandra Macmillan, an environmental health researcher at the University of Otago, another author involved with the study, tells Carbon Brief:

“[The] current structures, processes and distribution of power in climate policy…are not keeping the world’s populations safe from climate change, instead, continuing to subsidise and support an insupportable status quo.”

She adds that the tool is also “relevant to countries who consider themselves to be post-colonial, including high income countries like the UK whose wealth has accumulated from colonial extractivism, and whose current climate policies risk relying upon ongoing colonial violence in other countries”.

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Battle over cleaning up shipping set to resume at London talks

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August 26, 2026

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The US is expected to resume its attempt to sink measures for a greener global shipping sector at closed-door talks between governments at the International Maritime Organization (IMO) in early September.

The US and oil-producing allies like Saudi Arabia want to weaken a proposed plan for cleaner fuels that aims to reduce planet-heating emissions from the industry, which relies heavily on dirty bunker fuels. Shipping currently represents 3% of global emissions.

Those that want a softer system are likely to back a Liberian proposal which expert analysis suggests would see emissions fall by only half at most by 2050, far short of the sector’s agreed climate goals.

After several years of debate, governments provisionally agreed in April 2025 on the “Net Zero Framework” (NZF), a series of emissions reduction targets for shipowners, backed up with financial rewards for meeting the targets and fees for missing them.

But in October 2025, after a high-profile intervention from US President Donald Trump and threats of sanctions and visa restrictions, the US convinced a majority of voting nations to postpone the adoption of the NZF for a year.

Ralph Regenvanu, climate minister for the Pacific nation of Vanuatu, called the delay “unacceptable” given the urgency of accelerating climate change.

After a round of low-profile talks in May, the first of three further sets of talks on how to clean up shipping will begin at the IMO’s riverside headquarters in London on Tuesday, culminating in a final public session in November.

Em Fenton, who follows the talks as senior director of climate diplomacy at Opportunity Green, an NGO focused on aviation and shipping, said governments should not be sidetracked by alternative proposals to the NZF, calling them “a distraction from a hard-fought multilateral compromise”.

“If countries want to deliver a just and fair maritime transition, there is really only one choice: back the NZF and stand together in solidarity against those who would tear it apart,” Fenton added.

Five proposals on the table

Governments will discuss five different proposals submitted in advance of next week’s meeting. The most ambitious of these is from the Pacific island nation of Tuvalu, which has proposed a levy on the entirety of a ship’s emissions rather than just those above a certain level, as the NZF envisions.

That had been the original demand of Pacific nations before the NZF was provisionally adopted in April 2025. At the time, Tuvalu’s transport minister Simon Kofe described the NZF as disappointing and not ambitious enough.

For this reason, six Pacific countries abstained in the vote on the NZF. While they supported the original plan for its adoption in October 2025, they have used the delay to push again for more ambition.

John Kautoke, advisor to a group of Pacific nations called 6PAC+, told Climate Home News that the NZF “cannot diminish its already inadequate ambition. If anything, the NZF must increase in ambition if we are going to renegotiate its parameters.”

    Analysis by the Institute of Marine Engineering, Science and Technology (IMarEST) suggests that, of the five proposals, only Tuvalu’s would meet the 2030 and 2040 emissions reduction targets for global shipping that were agreed by governments in 2023. Those were for cuts of 20% between 2008 and 2030, 70% by 2040 and then reaching net zero “by or around, i.e. close to 2050”.

    Despite this, the UK, Australia, Canada and South Africa have formally proposed that governments adopt the NZF, which won support in a 63-13 vote among governments at the April 2025 talks. Trump’s US walked out halfway through.

    According to IMarEst’s analysis, while the NZF proposal will not be enough to meet the industry’s targets, it will reduce emissions more cheaply than the Pacific proposal.

    A proposal by Brazil – which fought hard for the NZF last October – suggests tweaking the framework to make meeting targets easier in the short term and harder in the long term.

    While this compromise will make it more appealing to the owners of polluting ships and countries that support them, IMarEst estimates it would lead to higher cumulative emissions than either the NZF or Pacific proposals.

    The NZF stipulates that fees for high-polluting shipowners should be be put into a Net Zero Fund and used to promote clean shipping fuels and a fairer transition. The Brazilian proposal would delay raising and spending these funds by two years, from 2029 to 2031.

    Liberia’s proposal weakens emissions cuts

    The US and Saudi Arabia are likely to swing behind a new proposal from Liberia, whose government makes millions of dollars a year selling the right for shipowners to register their vessels in the small West African nation via a US-based company.

    This proposal would weaken the emissions reduction targets. IMarEst says it would cut the industry’s emissions at most by a half by 2050, falling far short of the target agreed in 2023 for international shipping to reach net zero “close to 2050”.

    It would also replace the NZF’s fees for missing targets with a carbon trading system. As a result, there would be no Net Zero Fund and therefore less money available to incentivise green fuels and make the transition more equitable for poorer nations.

    Pacific advisor Kautoke said that, as well as preventing shipping from reaching zero emissions by 2050, Liberia’s proposal would mean the Pacific “will not receive any support to deal with the disproportionately negative impacts created by the cost of the transition”.

    “We get a double blow if we adopt the Liberian proposal,” he warned. “We get all the cost of a transition without any support, and we have an industry that continues to burn fossil fuels to an unforeseen point.”

    Japanese proposal favours shipowners

    Japan has submitted a late proposal to amend the NZF so that shipowners have more control over how the fees they would pay for emitting above a set threshold are spent.

    University College London professor Tristan Smith has argued that this change means there will be no central mechanism to incentivise investments in clean fuels. He wrote on LinkedIn that under the system put forward by Japan, shipowners would be able to select which green projects their fees would go to. They could choose their own or those of a sister company or other shipowners, rather than funding broader just transition projects that would benefit marine workers or developing countries hit by rising shipping costs.

    Despite its flaws, Smith added that Japan’s proposal “could still get taken seriously by some, given how appealing it may seem to shipowners who have consistently demanded control of revenues, and given how the US and other member states have pushed back against the IMO Net Zero Fund and [greenhouse gas] pricing.”

    Tacit or explicit approval?

    Next week, governments are expected to make statements saying which proposals – or which aspects of proposals – they prefer. Another set of talks will be held from November 23-27 before a potentially final round from November 30-December 4.

    A new framework to tackle shipping emissions could be adopted at those talks if two-thirds of countries that are present and signed up to a regulation called Marpol Annex VI – endorsed by just over 100 states – vote in favour of it, as they did in April 2025.

    The US and its allies are also trying to change the rules to make the next stage more difficult. Decisions that have been adopted at IMO meetings usually take effect automatically unless a certain number of countries object within a certain time period decided by governments, a system known as tacit approval.

    But the US wants that to require explicit approval instead, so that any new emissions standard would not come into force unless enough governments – representing a certain percentage of the world’s shipping fleet – actively indicate support for it.

    Critics say this change would give a small number of countries with large shipping registries the power to block implementation. Liberia has the world’s biggest shipping registry, run by an American company, followed by Panama and the Republic of the Marshall Islands.

    Liberia and Panama have supported the US at the talks on the Net Zero Framework. The Marshall Islands has long been one of the most vocal supporters of climate action in shipping but, with its officials and shipping registry income vulnerable to US retaliation, did not sign on to the recent Pacific proposal vowing to strengthen the NZF if it is re-opened.

    Brazilian negotiator Adriana de Medeiros Gabinio warned in April that the NZF’s opponents are trying to change the rules by which it comes into force as a “safety net to block” it.

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    Coles, Woolworths failing on deforestation commitments 

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    August 25, 2026

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    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.”

    Coles, Woolworths failing on deforestation commitments 

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    New Zealand moves to protect business with law curtailing climate litigation

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    2 days ago

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    August 24, 2026

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    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.

      “Pathetic”: New Zealand plans to barely cut emissions between 2030 and 2035

      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.

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