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Activists and Vulnerable Nations Condemn U.S. Arguments Against Climate Obligations at ICJ Hearing

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06 Dec, 2024

This post was originally published on Eco Watch

Testimony from the United States during the ongoing International Court of Justice (ICJ) hearing on Wednesday evoked anger from climate activists and vulnerable nations, as the planet’s second-largest greenhouse gas emitter argued against nations being legally obligated to take measures to fight the climate crisis.

The oral arguments were part of the historic climate hearing in The Hague, where climate-vulnerable countries like Vanuatu and other small island nations are calling for rich polluters that are most responsible for global heating to be held accountable.

“The International Court of Justice’s proceedings are a profound moment in global climate accountability. The hearings elevate science to the forefront, ensuring international law reflects the realities of climate impacts and the urgent need for global action,” said Dr. Delta Merner, lead scientist for the Union of Concerned Scientists’ (UCS) Science Hub for Climate Litigation, in a press release from UCS. “Yet in today’s oral arguments, the United States — the world’s largest historical polluter of heat trapping emissions — resisted calls for climate accountability. Instead of taking responsibility for its contributions to the climate crisis, the United States used its 30-minute slot to downplay the role of the courts for global climate action, emphasize non-binding national commitments under the Paris Agreement, and reject the notion of historical responsibility.”

“By framing climate change as a collective action challenge without clear legal obligations for individual states, the United States dismissed the potential for redress or binding accountability measures that advance justice for climate-vulnerable nations,” Merner added.

In its arguments, the U.S. emphasized sticking with the 2015 and Paris Agreement and the United Nations Framework Convention on Climate Change, as well as other treaties, reported The Guardian.

“Any other legal obligations relating to climate change mitigation identified by the court should be interpreted consistently with the obligations states have under this treaty regime,” Margaret Taylor, legal adviser for the U.S. Department of State, told the ICJ judges, as The Guardian reported.

The response from climate activists illustrated the need for wealthy nations to be held accountable for their disproportionate contributions to the climate crisis, as well as their outsized evasion of responsibility.

“Once again, we witness a disheartening attempt by the U.S. to evade its responsibilities as one of the world’s largest polluters,” said Vishal Prasad, campaign director for the Pacific Islands Students Fighting Climate Change, as reported by The Guardian. “The U.S. is content with its business-as-usual approach and has taken every possible measure to shirk its historical responsibility, disregard human rights and reject climate justice.”

Other of the world’s largest fossil fuel economies and biggest greenhouse gas emitters — China, Australia and Saudi Arabia — also argued against being held legally accountable for the pollution they produce.

“It is absurd for the Biden administration to argue before the ICJ that countries do not have clear legal obligations to reduce carbon pollution, especially as it prepares to turn over the executive office to a proven climate denier like president-elect Trump, whose policies are likely to deeply harm U.S. climate action,” said Ashfaq Khalfan, climate justice director at Oxfam.

Vulnerable nations fought for years for rich polluters to be held accountable, and the UN responded by asking the ICJ to give an advisory opinion on the obligations of states in combating climate change, along with what the legal consequences would be if they do not do their part.

“The ICJ’s advisory opinion has the potential to reshape international climate governance by providing clear, authoritative guidance on nation’s obligations under existing law. This process showcases how the best available science can illuminate pathways to protect human rights, advance equity, and compel ambitious climate action,” Merner said in the press release. “In the face of stonewalling from major polluters, we applaud the leadership of Vanuatu and others for advancing this process. These proceedings must continue to center the voices of frontline communities.”

More than 100 countries and organizations are providing testimony over the 12-day hearings.

View of the ICJ courtroom at the start of the hearing on Dec. 2, 2024. UN Photo / ICJ-CIJ / Frank van Beek

Advisory opinions by the ICJ are not binding, but nonetheless carry significant weight both legally and politically. The opinion of the court will be cited as an authoritative statement during future international climate negotiations and litigation.

Ralph Regenvanu, special climate change envoy for Vanuatu, on Wednesday expressed disappointment in the U.S. and other major polluters on behalf of his country.

“These nations, some of the world’s largest greenhouse gas emitters, have pointed to existing treaties and commitments that have regrettably failed to motivate substantial reductions in emissions… these treaties are essential, but they cannot be a veil for inaction or a substitute for legal accountability,” Regenvanu said, as The Guardian reported.

Vanuatu is leading the push for financial support and compensation for loss and damage for the countries that are most vulnerable to climate impacts — especially Pacific island nations — such as sea-level rise, flooding, drought and wildfires.

Taylor was dismissive of the ICJ weighing in on historic emitters being held responsible for their past pollution.

“An advisory proceeding is not the means to litigate whether individual states or groups of states have violated obligations pertaining to climate change in the past or bear responsibility for reparations… nor would it be appropriate to do so,” Taylor said, as reported by The Guardian.

There are three international courts of law responsible for providing advisory opinions concerning the climate crisis, including the ICJ, the Inter-American Court of Human Rights and the International Tribunal for the Law of the Sea (ITLOS).

Earlier this year, ITLOS found that nations have a legal obligation to control greenhouse gases as pollutants.

“By leveraging science and law together, the ICJ can help course-correct the international response to climate change, providing justice and hope for future generations as they endeavor to stave off some of the worst climate harms. No matter what the court decides, civil society must continue to push for decision-making guided by science and climate-vulnerable communities, as well as challenge the outsized political power wielded by fossil fuel interests seeking to obstruct and delay climate goals for the sake of their own bottom lines,” Merner said in the press release.

The post Activists and Vulnerable Nations Condemn U.S. Arguments Against Climate Obligations at ICJ Hearing appeared first on EcoWatch.

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Strengthening Community Resilience through Sustainable Non-Timber Forest Products

Strengthening Community Resilience through Sustainable Non-Timber Forest Products

Strengthening Community Resilience through Sustainable Non-Timber Forest Products
jschoshinski
Thu, 01/16/2025 – 18:32

In Zimbabwe, deforestation and habitat loss are not only threatening the country’s biodiversity and ability to mitigate climate change, but also threatening individuals’ livelihoods and their ability to adapt to climate change. Of the nearly 6,000 species of indigenous plants found in the country, some 900 of them are traditionally used as food, cosmetics, or medicine. These non-timber forest products (NTFPs) serve as supplemental sources of income for approximately 60 percent of rural households, providing an important source of income diversification as changes in rainfall—in part due to climate change—threaten traditional agricultural activities. By generating income for rural communities, Zimbabwe’s NTFPs offer a market-led approach to boosting climate resilience. 
The Economic Contribution of Non-Timber Forest Products in Zimbabwe 
In the landscapes where the USAID Resilience ANCHORS Activity works, one in six people, mostly women, rely on forests and wilderness areas for their livelihoods. Resilience ANCHORS supports community-led initiatives and locally prioritized interventions, including conserving forests and developing value chains for key NTFPs, such as Ximenia, mongongo nuts, wooden banana, marula, Kalahari melon seed, and rosella. Forest-based resources from remote, semi-arid regions can contribute up to 35 percent of rural incomes, while NTFP products like thatching grass, wild plant foods, mushrooms, honey, and mopane worms have an estimated annual subsistence value (i.e, the value associated with people using the products to support themselves rather than selling the products) of $294.3 million. Conserving these natural resources leads to strengthened livelihoods and healthier, more stable communities by supporting income diversification, which helps agricultural communities adapt to the impacts of climate change on crop yields.
Using Laws and Regulations to Strengthen Community Resilience
While NTFPs are vital resources for local communities, the lack of transparent laws and regulations has led to overexploitation and missed business opportunities. Limited awareness of the regulatory framework among stakeholders and community members exacerbates this issue. Resilience ANCHORS has supported the formation of NTFP collector groups that have developed formal governance structures, but the next objective is creating long-term sustainability through a robust legal framework that protects the environment and promotes community wellbeing. 
Sustainable harvesting remains critical for the long-term viability of Zimbabwe’s NTFPs, forests, and environment. Resilience ANCHORS, in collaboration with Zimbabwe’s Ministry of Local Government and the Environmental Management Agency, conducted workshops to build awareness of the legislative challenges and foster dialogue. This resulted in the drafting of NTFP Model Bylaw, which seeks to address three key goals:

Fill gaps in the legal framework: Outline benefit-sharing mechanisms to foster fair trade practices, as community ownership and management of NTFPs ensures equitable distribution among stakeholders. 
Promote sustainability: Develop permits to control harvesting, trade volumes, and fees to generate revenue for conservation efforts and capacity-building initiatives.
Provide clear guidelines for NTFP harvesting and benefit-sharing: Specify sustainable harvesting quantities and methods to prevent over-harvesting and safeguard resources for future generations. 

The NTFP Model Bylaw will result in:

Enhanced community resilience through sustainable NTFP management by promoting sustainable livelihoods, environmental conservation, and social cohesion. 
Clarified benefit-sharing mechanisms to reduce exploitation and promote transparency, fairness, and community ownership. 
Informed climate-resilient natural resource management by promoting sustainable harvesting, conserving biodiversity, and enhancing ecosystem resilience. 

Effective implementation of these regulations requires collaboration, capacity-building, and regular monitoring. If adopted and implemented successfully, these regulations could help grow NTFP activities in a way that increases livelihoods and builds community resilience to climate change in Zimbabwe.

Teaser Text
By generating income for rural communities, Zimbabwe’s NTFPs offer a market-led approach to boosting climate resilience.

Publish Date
Thu, 01/16/2025 – 12:00

Author(s)

Itayi Usaiwevhu

Hero Image
Rosella harvest (1).JPG

Blog Type
Blog Post

Strategic Objective

Adaptation

Region

Africa

Topic

Adaptation
Agriculture
Biodiversity Conservation
Deforestation and Commodity Production
Economic Growth
Forest/Forestry
Indigenous Peoples and Local Communities
Natural Climate Solutions
Resilience
Rural

Country

Zimbabwe

Sectors

Adaptation
Agriculture and Food Systems

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