Liberal climate plan could create legal headaches
A compromise climate policy being considered by the Liberals would leave Australia in breach of its international obligations and risk legal consequences, experts say.
Ahead of a key meeting of Liberal MPs and senators on Wednesday, party members say they are likely to agree to soften Australia’s climate target if they return to government while remaining committed to reaching net-zero carbon emissions at some point.
Australia signed the Paris agreement in 2015 under then prime minister Tony Abbott, pledging to limit greenhouse gas emissions as part of a global effort to combat global warming.
Six years later, the Morrison government set a target of net zero emissions by 2050, and Labor has since set more ambitious climate targets, including cutting carbon pollution by 62 to 70 per cent by 2035.
The debate over the Coalition’s climate policy resumed in earnest after Labor won the election in May, and the issue is now in danger of engulfing Sussan Ley’s leadership.
Junior coalition partner Nationals has announced a plan to abandon a formal climate target and instead tie emissions reductions to the average of OECD countries.
University of Queensland climate and environmental law expert Justine Bell-James said any move to undermine Australia’s ambitions would breach the Paris agreement.
“Under the Paris agreement, countries have to make these commitments every five years,” Professor Bell-James told AAP.
“Due to this mechanism, which they call the ratchet mechanism, each successive step should be an increase in ambition.”
Latrobe University climate law expert Julia Dehm agreed, saying a future government would “absolutely” be in breach of the Paris agreement if it reneged on its promises.
Dr Dehm said the International Court of Justice’s ruling in July that all countries had a legal obligation to combat the “urgent and existential threat” of climate change was an additional obstacle to watering down Australia’s climate targets.
“There is the potential for states to take Australia to the ICJ for allegedly failing to meet its international climate obligations,” he said, adding that a weaker emissions reduction target would also damage the government’s reputation.
Moderate Liberal senator Andrew Bragg has threatened to quit his role as a shadow minister and move to the backbench if his colleagues decide to abandon net zero and withdraw from the Paris agreement.
There is speculation that if the party makes such a move, other Liberals may follow suit.
But Senator Bragg said he did not think the Liberals would leave the Paris agreement because they were a party of government and not “fringe dwellers”.
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