The Fort Worth Press - Top court takes aim at fossil fuels in sweeping ruling

USD -
AED 3.672504
AFN 64.499662
ALL 81.349681
AMD 368.601612
ANG 1.789884
AOA 917.999923
ARS 1395.32753
AUD 1.386789
AWG 1.8
AZN 1.709066
BAM 1.664922
BBD 2.017519
BDT 122.90693
BGN 1.668102
BHD 0.378325
BIF 2981.344252
BMD 1
BND 1.268148
BOB 6.921708
BRL 4.946297
BSD 1.001694
BTN 94.415643
BWP 13.412506
BYN 2.830826
BYR 19600
BZD 2.014625
CAD 1.36574
CDF 2315.999836
CHF 0.780215
CLF 0.022638
CLP 890.970338
CNY 6.80185
CNH 6.804973
COP 3739.68
CRC 459.54114
CUC 1
CUP 26.5
CVE 93.86572
CZK 20.717895
DJF 178.37594
DKK 6.368302
DOP 59.575193
DZD 132.081972
EGP 52.716803
ERN 15
ETB 156.416039
EUR 0.85222
FJD 2.1892
FKP 0.735472
GBP 0.737435
GEL 2.67948
GGP 0.735472
GHS 11.269164
GIP 0.735472
GMD 73.000265
GNF 8791.554931
GTQ 7.648696
GYD 209.575129
HKD 7.83315
HNL 26.609979
HRK 6.423201
HTG 131.198897
HUF 304.064499
IDR 17346.8
ILS 2.901355
IMP 0.735472
INR 94.260497
IQD 1310
IRR 1312899.999705
ISK 122.550027
JEP 0.735472
JMD 157.783169
JOD 0.708984
JPY 156.846009
KES 129.320233
KGS 87.420502
KHR 4018.030059
KMF 418.999658
KPW 900.010907
KRW 1460.901035
KWD 0.30794
KYD 0.834759
KZT 463.893216
LAK 21982.446732
LBP 89702.650016
LKR 322.556205
LRD 183.81558
LSL 16.369726
LTL 2.95274
LVL 0.60489
LYD 6.336032
MAD 9.142502
MDL 17.234041
MGA 4159.536883
MKD 52.566492
MMK 2099.841446
MNT 3580.445259
MOP 8.079611
MRU 40.080024
MUR 46.72044
MVR 15.455013
MWK 1742.000584
MXN 17.28395
MYR 3.950253
MZN 63.89906
NAD 16.369765
NGN 1360.099815
NIO 36.705007
NOK 9.297049
NPR 151.073086
NZD 1.68306
OMR 0.384502
PAB 1.001694
PEN 3.457501
PGK 4.359596
PHP 60.604995
PKR 279.114204
PLN 3.60622
PYG 6130.874854
QAR 3.642971
RON 4.485899
RSD 100.054997
RUB 74.651292
RWF 1468.60767
SAR 3.775297
SBD 8.032258
SCR 13.977646
SDG 600.495888
SEK 9.27567
SGD 1.269005
SHP 0.746601
SLE 24.599549
SLL 20969.496166
SOS 571.50184
SRD 37.430999
STD 20697.981008
STN 20.857277
SVC 8.764716
SYP 110.548305
SZL 16.369704
THB 32.269885
TJS 9.360949
TMT 3.51
TND 2.869502
TOP 2.40776
TRY 45.302695
TTD 6.77614
TWD 31.407096
TZS 2599.009829
UAH 43.865066
UGX 3746.456572
UYU 40.052438
UZS 12138.314988
VES 496.20906
VND 26310
VUV 118.093701
WST 2.711513
XAF 558.427617
XAG 0.012587
XAU 0.000212
XCD 2.70255
XCG 1.805297
XDR 0.694505
XOF 558.399094
XPF 101.522929
YER 238.59797
ZAR 16.45035
ZMK 9001.205819
ZMW 19.082156
ZWL 321.999592
  • RBGPF

    0.0000

    63.18

    0%

  • CMSD

    0.0000

    23.42

    0%

  • JRI

    -0.0200

    13.15

    -0.15%

  • NGG

    -1.9400

    85.91

    -2.26%

  • BCE

    0.3400

    24.57

    +1.38%

  • RIO

    -2.4000

    103.11

    -2.33%

  • BCC

    -1.4800

    72.76

    -2.03%

  • CMSC

    -0.0400

    22.97

    -0.17%

  • AZN

    -2.4000

    182.52

    -1.31%

  • GSK

    -0.0300

    50.5

    -0.06%

  • RYCEF

    -0.0500

    17.45

    -0.29%

  • RELX

    -1.5900

    34.16

    -4.65%

  • VOD

    -0.4400

    15.69

    -2.8%

  • BP

    -0.8200

    43.81

    -1.87%

  • BTI

    -1.4800

    58.08

    -2.55%

Top court takes aim at fossil fuels in sweeping ruling

Top court takes aim at fossil fuels in sweeping ruling

An historic climate ruling by the world's highest court could make it legally riskier for fossil fuel companies to do business and embolden lawsuits against oil and gas expansion, experts say.

Text size:

The International Court of Justice's first-ever advisory opinion on climate change contained a particularly strong position on fossil fuels that surprised even veteran observers of environmental law.

The Hague-based court declared that states had an obligation under international law to address the "urgent and existential threat" of climate change, a decision hailed as a milestone by small islands most at risk.

The unanimous decision went further than expected, with the court spelling out what responsibility states have to protect the climate from planet-warming emissions from burning fossil fuels.

Failing to prevent this harm "including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies -- may constitute an internationally wrongful act" by that state, the court added.

"It's really significant," said Sophie Marjanac, an international climate lawyer and director of legal strategy at the Polluter Pays Project, a campaign group.

"It goes further than I expected, and it really makes some pretty groundbreaking findings," she told AFP.

ICJ advisory opinions are not legally enforceable, but such opinions are rare, and seen as highly authoritative in steering national courts, legislation and corporate behaviour around the globe.

Litigation against fossil fuel projects is growing, but so too are legal challenges by states and companies using the courts to block or unwind action on climate change.

- Legal risks -

Jorge Vinuales, who helped draft the request for the court's opinion, said the fossil fuels language in the final opinion "went as far as one could expect the court to go, which is no small feat".

He said this interpretation of liability for climate harm would probably be picked up in domestic and global courtrooms.

"If so, it could have far-reaching effects," Vinuales, a professor of law and environmental policy at the University of Cambridge, told AFP.

Fossil fuel companies and oil- and gas-producing nations could ignore the ICJ "but that raises legal and litigations risks of its own", he added.

Its opinion could be used in a lawsuit against expanding a coal mine, a private dispute between an investor and a state, or a contract negotiation involving a fossil fuel financier, said Marjanac.

"It could come up in all sorts of ways, all over the place. The influence is unlimited, really," she said.

This could particularly be the case in countries that can adopt international law directly into their constitutions and legal frameworks, though this would depend on national context and take time to trickle down.

In these countries, which include France, Mexico, and the Netherlands, courts may have to take the ICJ opinion into account when hearing a case against an oil and gas venture.

Even in so-called "dualist states" where international law is not automatically incorporated, constitutional courts and other national legislatures often respected and adopted aspects of ICJ opinion, experts said.

The ruling "opens the door to challenges to new fossil fuel project approvals and licensing," said Marjanac, and "makes the operating environment much more difficult" for oil and gas majors.

- Line of defence -

The court also "provided stricter measures surrounding the business of fossil fuels" and underscored that governments could not avoid blame for polluting companies within their jurisdiction, said Joy Reyes from the London School of Economics.

"Countries will have to be more circumspect when it comes to licensing permits and broader policies around fossil fuels, because it may open them up to liability in the future," Reyes, a climate litigation specialist, told AFP.

It could also empower smaller states to pursue compensation from big polluters, and give countries threatened with legal action by fossil fuel companies a stronger line of defence.

And it could be harder now for oil and gas companies "to claim they have a legitimate expectation to be able to operate a fossil fuel project without impediment," Lorenzo Cotula, an international legal expert, told AFP.

"It's now clear that states have a legal duty to take action in this space, and if they're able to articulate this in possible proceedings, I think that will be a strong legal argument to make," said Cotula, from research institute IIED.

C.M.Harper--TFWP