Do countries have a duty to prevent climate harm?

Nau mai, haere mai.

Overnight, the International Court of Justice will release a much anticipated advisory opinion. It will answer two questions: do nations have a duty under international law to protect Earth’s climate and should there be legal consequences for those that cause climate harm.

This comes more than five years after youth groups in Vanuatu, a country already battered by increasingly intense cyclones, persuaded their government to seek this clarification from the world’s highest court.

The court has canvassed a broad range of law, well beyond environmental and climate legislation, and its opinion will address nations’ obligations to respond effectively to the current climate crisis as well as its ongoing consequences that will affect future generations.

As Nathan Cooper writes, the court’s findings won’t be legally binding, but nevertheless provide an authoritative opinion that can be highly persuasive.

He argues states should pay close attention because the court’s advisory will be relevant to domestic climate litigation and policy discussions. For New Zealand, which is unlikely to reach its climate targets, this could be pertinent.

“If the ICJ affirms that states have binding obligations to prevent climate harm, including trans-boundary impacts, New Zealand’s climate change policies and progress to date could face increased legal scrutiny.”

Veronika Meduna

Science, Health + Environment New Zealand Editor

Do countries have a duty to prevent climate harm? The world’s highest court is about to answer this crucial question

Nathan Cooper, University of Waikato; Jennifer Campion, University of Waikato

Advisory opinions are not legally binding, but from the world’s highest court they present an authoritative and persuasive position on states’ climate obligations.

The end of open-plan classrooms: how school design reflects changing ideas in education

Leon Benade, Edith Cowan University; Alastair Wells, Auckland University of Technology; Chris Bradbeer, The University of Melbourne

Open-plan classrooms were promoted as a way to encourage collaboration and flexibility in schools. But after 14 years, the government is going back to basics with school design.

Why has a bill to relax foreign investment rules had so little scrutiny?

Jane Kelsey, University of Auckland, Waipapa Taumata Rau

The law change may significantly reduce effective scrutiny of foreign investors and soften the ‘national interest’ test for approving applications.

The first video of Earth’s surface lurching sideways in an earthquake offers new insights into this force of nature

Jesse Kearse, Kyoto University

Earthquake scientists rely on distant seismic instruments to infer how faults rupture during large earthquakes. This video provides the first direct evidence.

Thinking of trekking to Everest Base Camp? Don’t leave home without this expert advice

Heike Schanzel, Auckland University of Technology; Michal Apollo, University of Silesia in Katowice

The climb to Everest Base Camp is often marketed as an adventure for anyone. But as the autumn season approaches, being prepared and knowing your limits is vital.

New Barbie with type 1 diabetes could help kids with the condition feel seen – and help others learn

Lynne Chepulis, University of Waikato; Anna Serlachius, University of Auckland, Waipapa Taumata Rau

Mattel’s new Barbie comes equipped with an insulin pump and wears a continuous glucose monitor on her arm.

Rising seas threaten to swallow one of NZ’s oldest settlement sites – new research

Peter N. Meihana, Te Kunenga ki Pūrehuroa – Massey University; Corey Hebberd, Indigenous Knowledge; Shaun Paul Williams, Earth Sciences New Zealand

For the iwi, protecting the burial site is about more than its archaeological value. It holds deeper significance through its connections to the land and stories.

Is our mental health determined by where we live – or is it the other way round? New research sheds more light

Matthew Hobbs, Sheffield Hallam University; Chris G. Sibley, University of Auckland, Waipapa Taumata Rau; Elena Moltchanova, University of Canterbury; Taciano L. Milfont, University of Waikato

Mental health is not just connected to what’s inside our head. The environment around us can play a part – either supporting wellbeing or driving a decline.

We travelled to Antarctica to see if a Māori lunar calendar might help track environmental change

Holly Winton, Te Herenga Waka — Victoria University of Wellington; Ayla Hoeta, University of Auckland, Waipapa Taumata Rau

The Māori language describes 12 distinct types of snow. Researchers are identifying them in Antarctica as part of a project that connects Western science with Indigenous knowledge.