Energy and climate power plays at world's top court and around the globe
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A potential legal framework may arise out of a series of climate change hearings at the International Court of Justice (ICJ), which are expected to aid the court in shedding light on countries' legal obligations under international law and the consequences for breaching them. While the court's advisory opinion is not binding, it will still carry weight, likely influencing the future course of climate action. What this will mean for the global energy industry, particularly its oil and gas segment, remains to be seen.
Following these hearings, slated to take place December 2-13 in the Hague, Netherlands, the ICJ is expected to come up with its opinion on climate change, offering clarity on international law, which is likely to inform judicial proceedings and be cited in global climate-driven lawsuits.
António Guterres, UN Secretary-General, underlined: "This is the critical decade for climate action. It must happen on our watch. Those that contributed least to the climate crisis are already facing both climate hell and high levels of sea waters. For some countries, climate threats are a death sentence. Indeed, it is the initiative of those countries, joined by so many others — along with the efforts of young people all over the world — that brings us together. Together, you are making history. [...] Advisory opinions of the Court — the principal judicial organ of the United Nations — have tremendous importance and can have a long-standing impact on the international legal order.
"Advisory opinions can provide much-needed clarification on existing international legal obligations. If and when given, such an opinion would assist the General Assembly, the United Nations and Member States to take the bolder and stronger climate action that our world so desperately needs. It could also guide the actions and conduct of States in their relations with each other, as well as towards their own citizens. This is essential."
While this opinion will likely be used by climate activists to push harder against new oil and gas developments, it is also anticipated to be employed by small island states seeking compensation from developed nations for what they describe as historic climate damage. The end of COP29 did not bring the type of climate investments the developing nations hoped to secure.
Guterres continued: "Climate justice is both a moral imperative and a prerequisite for effective global climate action. The climate crisis can only be overcome through cooperation — between peoples, cultures, nations, generations. But festering climate injustice feeds divisions and threatens to paralyse global climate action. For those on the front lines already paying the price for global heating they did nothing to cause, climate justice is both a vital recognition and a tool.
"Recognition that all people on our planet are of equal worth — and a tool to build resilience against spiralling climate impacts. I have presented an Acceleration Agenda to close the emissions gap and massively fast-track climate action by every country and every sector and on every time frame. We have never been better equipped to solve the climate crisis. Let us work together to get the job done. It has been said that there is nothing more powerful than an idea whose time has come. Now is the time for climate action and climate justice."
As explained by the UN, the two questions the ICJ is expected to answer are:
1.What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic [human caused] emissions of greenhouse gases for States and for present and future generations;
2.What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
a. States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specifically affected by, or are particularly vulnerable to, the adverse effects of climate change?
b. Peoples and individuals of the present and future generations affected by the adverse effects of climate change?
Based on data provided by Earth Negotiations Bulletin, a division of the International Institute for Sustainable Development (IISD), the oral proceedings at the International Court of Justice began on December 2 with a passionate plea by Vanuatu, which had lobbied for support of the UN General Assembly (UNGA) resolution requesting the ICJ advisory opinion.
Alongside the Melanesian Spearhead Group, the small island nation highlighted the continued expansion of fossil fuel production and consumption as "a clear breach of climate obligations," while others engaged in technical discussions on what constitutes, in their opinion, applicable law and what, in turn, constricts States’ obligations, impeding the attribution of responsibility to specific countries.
The following day, countries were reportedly in lock-step in denouncing "the grossly insufficient mitigation" of GHG emissions and outlining their expectations for remedial action. Later on, speakers diverged on whether common but differentiated responsibilities (CBDR), intergenerational equity, or the polluter-pays principles fall under customary international law and should inform the Court’s consideration of States’ obligations concerning climate change.
The third day seemingly brought disappointment to those hoping for more ambitious targets in the next round of nationally determined contributions (NDCs) under the Paris Agreement, as the participants heard rebuttals against transitioning away from fossil fuels and attempts to muddy the waters on what constitutes sufficient ambition, according to Earth Negotiations Bulletin's records.
On the fourth day, Island States were on a roll to emphasize the colonial underpinnings of the climate crisis, as several developing countries pointed to the need for debt relief and enhanced access to climate finance. In addition, Solomon Islands urged the Court to address the issue of climate-induced displacement.
The fifth day saw Island States urge the ICJ to safeguard the continuity of statehood and sovereignty over maritime zones amid rising sea levels. While Kenya suggested that vulnerable States unilaterally cancel or restructure their debt when they need to address imminent perils related to climate change, Kuwait spotlighted its work on “environmentally friendly oil products.”
This case is perceived to be the largest one at the court, encompassing 91 written statements with 62 written comments while 97 States and eleven international organizations are due to participate in the hearings, which present an opportunity for countries and organizations to expand on their written statements.
Climate-motivated litigation is already on the rise, giving courts around the world a chance to set new precedents in addressing climate change or keep the status quo. Once the ICJ delivers its opinion, a further spike in lawsuits on climate change grounds is expected.
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? McDermott International, Ltd has been booked for work on Repsol 's two oil fields, which are part of a development project in the Gulf of Mexico.
? China National Offshore Oil Corp. has kicked off production at a development it describes as China’s first offshore multi-layer heavy oil thermal recovery project.
? INPEX Corporation is in the process of expanding its offshore acreage in Malaysia, thanks to a deal with Seascape Energy Asia plc 's participating stake in a production sharing contract (PSC) off the coast of Sarawak.
? 贝克休斯 , 斯伦贝谢 ’s OneSubsea , and Constellation Oil Services have been hired for subsea and drilling work at BRAVA Energia 's first integrated development campaign at two offshore oil fields with an option to develop a third asset as a tie-back to existing infrastructure off the coast of Brazil.
? Seatrium and TCOMS - Technology Centre for Offshore and Marine, Singapore are joining forces to look into new options to optimize FPSO safety and efficiency.
? Equinor has started oil and gas production from a tie-back development in the Norwegian Sea, which is connected to an existing field's infrastructure offshore Norway.
? 壳牌 and Equinor have embarked on a quest to combine their offshore oil and gas assets in Great Britain to create the largest independent oil and gas player in the UK North Sea. The merger encompasses 12 offshore fields and a range of exploration licenses on the UK Continental Shelf.
However, Equinor will retain ownership of its cross-border assets and its offshore wind portfolio, alongside the hydrogen, carbon capture and storage, power generation, battery storage, and gas storage assets. Shell will also keep its ownership interests in the Fife NGL plant, St Fergus Gas Terminal, and floating wind projects under development while remaining the technical developer of a project described as Scotland’s largest carbon capture and storage undertaking.
? Serica Energy plc has confirmed another production interruption at Dana Petroleum Limited -operated FPSO in the North Sea, with repairs expected to take 2-4 weeks.
? TechnipFMC has confirmed that the first part of a subsea production system destined for 埃克森美孚 's oil development has slid into place at the Stabroek block offshore Guyana.
? PRIO has widened its presence offshore Brazil by getting hold of non-operated interests two Chinese players held in a field offshore Rio de Janeiro, which is operated by Equinor .
? PETRONAS has confirmed that several players have inked production sharing contracts (PSCs) for three discovered resource opportunities clusters and one exploration block as part of the Malaysia Bid Round (MBR) 2024.
? McDermott International, Ltd has completed the disposal of its storage business, which positions CB&I to become an independent company with no funded debt.
? Equinor has wrapped up the sale of its upstream assets in Azerbaijan and Nigeria for a consideration of up to $2 billion, as part of its oil and gas portfolio optimization quest.
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? Equinor has come up dry in an exploration well, drilled with one of Transocean ’s rigs in the Norwegian Sea.
? Well-Safe Solutions has offered further insight into its multi-well decommissioning campaign with Spirit Energy , which was wrapped up a few months ago with 15 wells abandoned and 45.7 kilometers of tubing and casing plus four horizontal and six vertical trees recovered.
? Petrobras and Ecopetrol have described a giant natural gas discovery offshore Colombia as the country’s “???????? ?????????????????????? ?????? ?????????????????? ????????” since the assessment of the well results confirmed local volumes of over 6 trillion cubic feet in place.
? Northern Ocean Ltd. has secured a new job on the Norwegian Continental Shelf for its semi-submersible rig, currently on assignment in Africa, which is managed by Odfjell Drilling .
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? Noble Corporation has won a new batch of extensions with TotalEnergies in Nigeria and TAQA Group in the UK for two floaters, as one of its jack-up rigs secured additional work in Britain with bp . The rig owner has also confirmed an early contract termination with INPEX Corporation in Australia for one of the rig owner’s floaters.
? Sunda Energy Plc is engaged in talks to iron out a deal for a jack-up rig, which will enable it to turn its drilling plans at an appraisal well off the coast of Timor-Leste into reality.
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? Hicks Thomas LLP has scored a legal win in two U.S. lawsuits, totaling $1.3 billion, which were filed against builders of Freeport LNG export facility in Texas.
? Veolia , Enagás , and Ajuntament de Barcelona have revealed the launch of a residual cold recovery solution that was installed at an LNG terminal in the Port of Barcelona.
? FortisBC 's environmental assessment application has been submitted for the proposed expansion of the existing LNG facility on Canada’s Tilbury Island.
? NYK Line has taken delivery of a new LNG carrier from Samsung Heavy Industries .
? VTTI and Snam S.p.A. have wrapped up the acquisition of shares in an Italian liquefied natural gas terminal and will pool resources to bolster the country’s energy security and diversify its supplies.
? Woodside Energy and 柏克德 have inked a revised lump-sum turnkey engineering, procurement, and construction contract for a proposed LNG terminal in Louisiana.
? Pampa Energía and YPF SA are the newcomers to an Argentinian FLNG project, which is being co-developed by Southern Energy JV btween Golar LNG and Pan American Energy .
? WinGD Ltd. 's latest order entails 16 X-DF dual-fuel engines for eight LNG vessels.
? ADNOC Group has struck a deal with PETRONAS for LNG offtake from the Ruwais LNG project.
? KN Energies has become the owner of an FSRU, previously owned by H?egh Evi , at Lithuania's LNG terminal.
? 劳氏船级社 has disclosed the reasoning that drove it to bestow an approval in principle (AiP) to GTT (Gaztransport & Technigaz) for the 200,000-cbm LNG vessel design.
? Mitsui O.S.K. Lines, Ltd. (MOL) recently held a naming ceremony for another one of QatarEnergy 's newbuild LNG carriers at China’s shipyard.
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? While the U.S. Bureau of Ocean Energy Management 's move to set the stage for the next oil and gas leasing round to be held for offshore acreage in the Gulf of Mexico (GOM) with a draft programmatic environmental impact statement (EIS) is seen as a step in the right direction by National Ocean Industries Association (NOIA), it still took the opportunity to urge Congress and the incoming U.S. administration to reevaluate and revise the scaled-back program, which comes with only three lease sales up to 2029.
Erik Milito, NOIA’s President, pointed out: “It’s clearly better to produce our energy from the Gulf of Mexico than for the global market to rely upon foreign sources with higher emissions and weaker environmental performance. Furthermore, we urge Congress and the incoming administration to reassess the limited schedule of only three lease sales in the current offshore program and take steps to restore our leasing program to bolster ?investment in U.S. projects.
“A more robust schedule would better reflect the Gulf’s indispensable role in our energy landscape and support both energy development and environmental stewardship. NOIA is committed to working with all stakeholders to advocate for policies that uphold the Gulf of Mexico as a key pillar in energy security, economic progress, and total U.S. energy leadership.”
? EnergyPathways picked Wood as its lead engineering partner for a large-scale energy storage facility in the UK sector of the Irish Sea, which is anticipated to supply the British market with natural gas and green hydrogen for at least 20 years.
? Following multiple calls to up its decommissioning ante, Australia has set its blueprint and joined forces with the UK to enhance offshore oil and gas skill-sets and capabilities in both countries.
? QatarEnergy 's CEO sees the EU's set of measures aimed at propelling the region's net zero journey forward as potential pitfalls that may cause European companies to seek new business playgrounds to sidestep the new penalties related to decarbonization and energy transition advancement noncompliance. In addition, his remarks seem to indicate that this could damage the EU's economy by discouraging investment and also impact the region's energy security. In contrast, the firm’s CEO showed no alarm over the U.S. President-elect's recent pledge to remove the LNG export cap, creating more competition within the LNG market.
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