Australia's intend to use Kyoto-era carbon credits to meet its commitments underneath the Paris Agreement is inconsistent with international law, legal experts have warned.
In instructions to Australian Pm Scott Morrison, nine international and climate law professors said Australia’s method would set “a dangerous precedent” for other countries to “exploit loopholes or reserve their right not to adhere to the Paris Agreement”.
“Our considered view would be that the proposed utilization of these 'Kyoto credits' to satisfy targets under the Paris Agreement is legally baseless at international law,” the letter read.
Australia is one of the only countries in the world to possess explicitly said it would carry over Kyoto-era carbon credits as a way to meet its 2030 climate target.
The credits were initially issued for Australia's overachievement in meeting its 1997 Kyoto pledge to curb emissions by 2012.
Under the 2023 Paris Agreement, Australia has pledged to cut emissions by at least 26% from 2005 levels by 2030.
Morrison told the UN in September 2023 that “Australia will come across our Paris commitments”, and called the goals “a credible, fair, responsible and achievable contribution to global climate change action.”
But a 2023 UN Environment report listed Australia among a group of 20 nations requiring “further action” to meet its Paris target, along with Brazil, Canada, Japan, Columbia, Nigeria and the Usa.
Using the credits to satisfy its commitments underneath the Paris deal would effectively lower the emissions reductions needed for Australia to achieve its 2030 goal.
The professors, all from Australian universities, argued the Kyoto Protocol and the Paris Agreement are “entirely separate treaties”. As a result, i was told that Kyoto credits could simply be used to meet Paris accord goals in the event that was decided and agreed by every party to the agreement.
“It is clear that no such consensus exists,” the letter added.
The experts also noted the first commitment period of the Kyoto Protocol expired in 2012.
The Doha Amendment which created the second commitment phase due to run from 2013 to 2023 has not been ratified by enough countries in the future into force and this might not happen before the end of the year. Australia is one kind of nations that have ratified the Doha amendment.
But the legal scholars said the possible lack of formal entry into force means that credits that will have been issued for adhering to 2023 targets underneath the Kyoto Protocol may never materialise, potentially only giving Australia sixty-six per cent of the 411 megatonnes of CO2 equivalent the federal government estimated being due.
Under the Kyoto Protocol, countries also decided to “cancel” any units that remain unused after countries met their targets under the second commitment phase.
The use of old Kyoto credits “conveys a note to the world that Australia desires to reserve the right to avoid a significant proportion of the mitigation effort required to meet its 2030 target underneath the Paris Agreement,” the letter said.
If other countries were to follow Australia's carbon accounting method, the professors said this would further boost the gap between current levels of ambition and what is required to attain the temperature goals of the Paris Agreement.
They urged Australia to explain its position on using the Kyoto carry-over credits.
Australia has come under repeated pressure by the international community to abandon its intends to use the Kyoto credits.
At the final UN climate talks in Madrid in December, an alliance of more than 30 progressive countries denounced Australia's carbon credits plans as not aligned with efforts to limit global warming to at least one.5C – the tougher goal of the Paris Agreement.
Countries including France, Germany, the united kingdom, Spain and Nz signed up to the 'San Jose principles', which aimed to create the bar for successful carbon market rules. This included the prohibition of Kyoto credits and pre-2023 units to meet the Paris goals.
Letter to Scott Morrison on using Kyoto credits to satisfy Paris goals (PDF)
Letter to Scott Morrison on using Kyoto credits to meet Paris goals (Text)
