๐Ÿ“›Very concerning at #COP26: many attempts to push #falsesolutions in decision texts to set in stone distractions away from need for real action / fossil fuels phase out ...
Parties must resist these attempts in final hours of COP
See๐Ÿ‘‡๐Ÿ‘‡๐Ÿ‘‡for specific refs Image
New ref. to scaling up CLEAN power generation: as intensive lobbying at EU level indicates, govs & biz have many ideas what this entails: nuclear, BECCS, gas...
this would be 1st ever ref to "clean" instead of "renewable" in a political UNFCCC decision (draft cover COP decision) Image
Weakening down of reference to phasing out of coal - suggesting that only "unabated" coal falls under scope of phase out = implicit support for CCS despite repeated failure (draft cover COP decision)... Image
Reference to net zero remains in draft text of cover decisions despite the alarming amount of evidence that many governments and big polluters are using net zero to delay policies / cover up absence of actions to phase out fossil fuels (in both draft CMA and COP decisions) ImageImage
language on restoration of ecosystems improved over night with deletion of undefined "Nature Based Solutions" +new ref. to enviro & social safeguards-but reference to indigenous peoples rights shld also be included to prevent land grabs (in both draft CMA and COP cover decisions) ImageImage
really concerning: very vague and open-ended language on removals in the decision on carbon trading / #Article6 - very nervous that this is an open door for the full Carbon Dioxide Removals technofixes (draft SBSTA conclusions on article 6.4) Image
in the context of the Kyoto Protocol's Clean Development Mechanism, a last ditch attempt to frame petroleum gas as a clean alternative to consumption of biomass... still in brackets (CMP decision on Guidance relating to the clean development mechanism) Image
#humanrights & climate risks associated with #Article6 decisions deserve separate thread (upcoming) but here is 1 example... there is no independent grievance mechanism to address any grievances which constitutes a breach of due process (draft decision on art6.4) Image

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More from @duycks

May 21
โšก๏ธ๐Ÿšจโš–๏ธ Starting in 10mins: historic moment on the path to #ClimateJustice: the International Tribunal on the Law of the Sea ๐Ÿง‘โ€โš–๏ธ๐ŸŒŠ will deliver the first international legal opinion spelling out States' legal obligations in the context of climate change #ITLOSAO
๐ŸงตA live thread โฌ‡๏ธ
2/๐Ÿฅœthe context in a nutshell: after a robust drafting process informed by the input of 30+ States and many legal experts, the 21 Judges of the๐Ÿง‘โ€โš–๏ธ @ITLOS_TIDM will deliver today their advisory opinion in response to a request by Small Islands States gathered in the @COSIS_CCIL
3/๐Ÿง‘โ€โš–๏ธ This is the first out of three Advisory Opinions (authoritative legal statements) that international tribunals have been asked to deliver to clarify the extent of the existing legal obligations of States, under international law, related to combating climate change.
Read 42 tweets
Apr 9
โšก๏ธโš–๏ธa few snapshots from the landmark #ClimateJustice decision delivered today by the ๐Ÿ‡ช๐Ÿ‡บEuropean Court of Human Rights in Klimaseniorinnen v. ๐Ÿ‡จ๐Ÿ‡ญSwitzerland
๐Ÿงตa short thread focusing on the scope of substantive obligations of States...โฌ‡๏ธ Image
๐Ÿ†•๐Ÿ‡ช๐Ÿ‡บwhile the European Court has a long track record of protecting environmental rights, today provided the first opportunity for the Court to consider the scope of States' existing obligations under the European Convention on Human Rights in the context of climate change...
... in fact this was the first case to be heard by an international human rights court on matters related to human rights and climate change.
Three cases have already been adjudicated by ๐Ÿ‡บ๐Ÿ‡ณUN human rights monitoring bodies but those are not judicial institutions.
Read 21 tweets
Apr 9
๐Ÿ”ฅ๐Ÿ“ขhistoric #ClimateJustice decisions upcoming today at European Court of #HumanRights
โš–๏ธToday's decisions could shape #ClimateAction policies in all 46 ๐Ÿ‡ช๐Ÿ‡บEuropean States & beyond
๐ŸงตA live thread on key stakes & takeaways from the Court's hearing taking place in Strasbourgโฌ‡๏ธ Image
2/ Context: the โš–๏ธ@ECHR_CEDH will deliver historic rulings in 3โƒฃ of the 9 climate cases currently pending before the Court.
๐Ÿ—บ๏ธThese rulings are expected to serve as a blueprint for future decisions regarding the obligations of 46 European States with regards to climate action
@ECHR_CEDH 3/ today's cases
๐Ÿ‘ตVerein Klimaseniorinnen v. Switzerland ๐Ÿ‡จ๐Ÿ‡ญ
๐ŸšธDuarte Agostinho v. Portugal ๐Ÿ‡ต๐Ÿ‡น& 31 other States
๐ŸŒŠCarรชme v. France ๐Ÿ‡ซ๐Ÿ‡ท
But by addressing #HumanRights obligations of States re: climate emergency, the significance of these decisions go way beyond individual cases
Read 26 tweets
Feb 21
โšก๏ธโš–๏ธ๐Ÿ‡บ๐Ÿ‡ณstarting now: diplomatic briefing on the submissions to the @CIJ_ICJ in the advisory proceedings related to States obligations in the context of climate change, hosted by ๐Ÿ‡ป๐Ÿ‡บVanuatu, ๐Ÿ‡จ๐Ÿ‡ทCosta Rica,๐Ÿ‡ต๐Ÿ‡นPortugal & @CIEL_tweets
๐Ÿงตkey messages in thread below โฌ‡๏ธ
#ICJAO4Climate
2/ #ICJAO4Climate submissions briefing:
๐ŸŽ™๏ธ@joie_chowdhury of @CIEL_tweets opens the panel stressing the historic opportunity offered by these Advisory Proceedings but also the importance of written submissions to inform the work of the International Court of Justice ๐Ÿ“ Image
@joie_chowdhury @ciel_tweets 3/ Amb. @Sumbuea of ๐Ÿ‡ป๐Ÿ‡บVanuatu stresses key role played by Pacific youth in initiating this groundbreaking initiative, reminds other diplomats of the importance of written submissions by March 22nd, emphasising importance of participation by States from all regions of the world Image
Read 16 tweets
Dec 13, 2023
๐Ÿ”ฅA hot take on #COP28:
The #FossilFuels industry tried every trick to protect its interest:
๐Ÿ“hosting COP in a repressive country to tame dissent
๐ŸŽฉplacing one of its CEO in charge of COP
๐Ÿค‘sending thousands of lobbyists
๐Ÿ˜กcoordinating a last ditch defence through @OPEC
A๐Ÿงตโฌ‡๏ธ Image
2/ yet, even in this most favourable environment, the #FossilFuels industry & its governmental backers failed to prevent what people and most impacted countries demanded: a recognition of need to transition away from fossil fuels. There will be no turning back from here. Image
3/ But yes: the #COP28 outcome is appalling as #fossilfuels cheerleaders secured so many loopholes - intent on using these to justify their planet-wrecking plans for a continued expansion of fossil fuels extraction... Image
Read 10 tweets
Sep 27, 2023
โš–๏ธ๐ŸŒ๐—ฅ๐—ฒ๐˜€๐˜‚๐—บ๐—ถ๐—ป๐—ด ๐—ป๐—ผ๐˜„: ๐˜๐—ต๐—ถ๐—ฟ๐—ฑ ๐—ฎ๐—ป๐—ฑ ๐—น๐—ฎ๐˜€๐˜ ๐—ฝ๐—ฎ๐—ฟ๐˜ ๐—ผ๐—ณ ๐˜๐—ผ๐—ฑ๐—ฎ๐˜†'๐˜€ ๐—ต๐—ถ๐˜€๐˜๐—ผ๐—ฟ๐—ถ๐—ฐ #๐—–๐—น๐—ถ๐—บ๐—ฎ๐˜๐—ฒ๐—๐˜‚๐˜€๐˜๐—ถ๐—ฐ๐—ฒ ๐—ต๐—ฒ๐—ฎ๐—ฟ๐—ถ๐—ป๐—ด๐˜€ ๐—ฎ๐˜ @๐—˜๐—–๐—›๐—ฅ_๐—–๐—˜๐——๐—›...
States & the ๐Ÿ‡ต๐Ÿ‡น youth's legal reps will now respond to the judges Qs
๐Ÿงตlive reporting in thread below๐Ÿ‘‡ Image
2/๐Ÿ—ฃ๏ธStates begin their pleadings, indicating that responses will also be provided in writing.
๐Ÿ‡ต๐Ÿ‡นR Matos begins by arguing that States are not asking for Courts to look away but rather to only consider matters of case before them, invoking esp. doctrine of margin of appreciation
3/ โš–๏ธlegal side note: 2 principles are consistently invoked by States as they seek to avoid judicial review & accountability:
๐˜€๐˜‚๐—ฏ๐˜€๐—ถ๐—ฑ๐—ถ๐—ฎ๐—ฟ๐˜†: matters should ideally be decided by national institutions unless an intervention by European institutions is necessary
Read 25 tweets

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