๐Very 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
See๐๐๐for specific refs
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)
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)...
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)
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)
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)
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)
#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)
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โก๏ธ๐จโ๏ธ Starting in 10mins: historic moment on the path to #ClimateJustice: the International Tribunal on the Law of the Sea ๐งโโ๏ธ๐ will deliver the first international legal opinion spelling out States' legal obligations in the context of climate change #ITLOSAO
๐งตA live thread โฌ๏ธ
2/๐ฅthe context in a nutshell: after a robust drafting process informed by the input of 30+ States and many legal experts, the 21 Judges of the๐งโโ๏ธ @ITLOS_TIDM will deliver today their advisory opinion in response to a request by Small Islands States gathered in the @COSIS_CCIL
3/๐งโโ๏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.
โก๏ธโ๏ธa few snapshots from the landmark #ClimateJustice decision delivered today by the ๐ช๐บEuropean Court of Human Rights in Klimaseniorinnen v. ๐จ๐ญSwitzerland
๐งตa short thread focusing on the scope of substantive obligations of States...โฌ๏ธ
๐๐ช๐บwhile 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 ๐บ๐ณUN human rights monitoring bodies but those are not judicial institutions.
๐ฅ๐ขhistoric #ClimateJustice decisions upcoming today at European Court of #HumanRights
โ๏ธToday's decisions could shape #ClimateAction policies in all 46 ๐ช๐บEuropean States & beyond
๐งตA live thread on key stakes & takeaways from the Court's hearing taking place in Strasbourgโฌ๏ธ
2/ Context: the โ๏ธ@ECHR_CEDH will deliver historic rulings in 3โฃ of the 9 climate cases currently pending before the Court.
๐บ๏ธThese 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
๐ตVerein Klimaseniorinnen v. Switzerland ๐จ๐ญ
๐ธDuarte Agostinho v. Portugal ๐ต๐น& 31 other States
๐Carรชme v. France ๐ซ๐ท
But by addressing #HumanRights obligations of States re: climate emergency, the significance of these decisions go way beyond individual cases
โก๏ธโ๏ธ๐บ๐ณstarting 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 ๐ป๐บVanuatu, ๐จ๐ทCosta Rica,๐ต๐นPortugal & @CIEL_tweets
๐งตkey messages in thread below โฌ๏ธ
#ICJAO4Climate
2/ #ICJAO4Climate submissions briefing:
๐๏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 ๐
@joie_chowdhury @ciel_tweets 3/ Amb. @Sumbuea of ๐ป๐บVanuatu 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
๐ฅA hot take on #COP28:
The #FossilFuels industry tried every trick to protect its interest:
๐hosting COP in a repressive country to tame dissent
๐ฉplacing one of its CEO in charge of COP
๐คsending thousands of lobbyists
๐กcoordinating a last ditch defence through @OPEC
A๐งตโฌ๏ธ
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.
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...
โ๏ธ๐๐ฅ๐ฒ๐๐๐บ๐ถ๐ป๐ด ๐ป๐ผ๐: ๐๐ต๐ถ๐ฟ๐ฑ ๐ฎ๐ป๐ฑ ๐น๐ฎ๐๐ ๐ฝ๐ฎ๐ฟ๐ ๐ผ๐ณ ๐๐ผ๐ฑ๐ฎ๐'๐ ๐ต๐ถ๐๐๐ผ๐ฟ๐ถ๐ฐ #๐๐น๐ถ๐บ๐ฎ๐๐ฒ๐๐๐๐๐ถ๐ฐ๐ฒ ๐ต๐ฒ๐ฎ๐ฟ๐ถ๐ป๐ด๐ ๐ฎ๐ @๐๐๐๐ฅ_๐๐๐๐...
States & the ๐ต๐น youth's legal reps will now respond to the judges Qs
๐งตlive reporting in thread below๐
2/๐ฃ๏ธStates begin their pleadings, indicating that responses will also be provided in writing.
๐ต๐นR 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/ โ๏ธlegal side note: 2 principles are consistently invoked by States as they seek to avoid judicial review & accountability:
๐๐๐ฏ๐๐ถ๐ฑ๐ถ๐ฎ๐ฟ๐: matters should ideally be decided by national institutions unless an intervention by European institutions is necessary