Big Polluters Dodged Their Duties at COP29; Will the ICJ Hold Them to Account?
Rich countries must pay up for the climate action needed to halt the climate crisis they have created and remedy the climate harms that they have inflicted.
The recent COP29 climate finance deal is a stark example of how wealthy historical emitters continue to evade their responsibilities to pay for climate action and remedy climate harm. But they cannot escape rising demands for accountability. In the historic hearings on states' climate obligations at the International Court of Justice, which are drawing to a close, developing nations are forcing them to face the law.
The timing of these ICJ hearings, on the heels of yet another failure of the United Nations climate talks, underscores what's at stake.
The headlines have called COP29's climate finance deal a triumph of diplomacy, but this could not be farther from the truth. Wealthy nations responsible for the majority of cumulative greenhouse gas (GHG) emissions have carefully engineered an escape from their climate obligations through a deal the terms of which are too loose, and that offers too little, too late.
We know rich countries can deliver the grants they owe to the Global South. They can raise well over $5 trillion a year by ending fossil fuel handouts, taxing the rich, and changing unfair global financial rules.
It's too loose: Despite the deal's reference to two finance figures, $1.3 trillion and $300 billion, both constitute a hollow promise. The text fails to hold developed countries to their legal duty to provide climate finance to the Global South. Actors are merely "called upon" to work toward scaling funding to $1.3 trillion per year by 2035, without any binding commitments. Even the $300 billion annual goal has been carefully worded to avoid any concrete obligations. Developed countries are only required to "take the lead" in "mobilizing" these funds, which can come from private finance, multilateral development banks, and other "alternative" sources.
As multiple states including Colombia, Sierra Leone, and Seychelles emphasized during the ICJ hearings, this vagueness disproportionately impacts debt-stressed nations already struggling to fund climate action. If rich countries can pass the buck to the private sector and Global South, the most climate-vulnerable nations may be forced to take on more loans and private investment schemes rather than grants, deepening the historic debt crisis already affecting 93% of them.
Private finance cannot cover the costs of climate action in the Global South. That approach has been tested and failed. Nor can carbon markets fill the gap. Yet, the deal leaves the door open to carbon finance being wrongly counted as climate finance, allowing polluters to claim other countries' climate action as their own through carbon offsets rather than requiring them to pay up and phase out fossil fuels at home. With under 16% of carbon credits currently achieving actual emission reductions, this doesn't underwrite climate ambition, it undermines it.
It's too little: Contrary to what UNFCCC lead Simon Stiell has suggested, what was agreed at COP29 is not a tripling of climate finance. When adjusted for inflation, the $300 billion target is no meaningful increase compared to the $100 billion annually promised by 2020—which rich countries failed to meet. As the decision's own preamble acknowledges, the scale of need in developing countries is on the order of trillions, not billions, annually for climate action between now and 2030. And that figure is neither unreasonable nor out of reach. For context, rich nations currently spend $378 billion yearly on fossil fuel subsidies alone, and fossil fuel companies raked in an average of over $1 trillion in annual profits over the last 10 years. The money exists—it's just being invested in climate destruction rather than climate action.
It's too late: Waiting until 2035 for full implementation of climate finance goals essentially writes off this critical decade for climate action.
The inadequacy of this climate finance deal means planning for failure when it comes to fossil fuel phaseout, and therefore locking in climate catastrophe. The necessary global transition away from fossil fuels can't happen at the speed and scale required unless the biggest polluters pay. The ink has barely dried on the agreement, and wealthy nations are already on the offense. E.U. Climate Commissioner Woebke Hoekstra suggested in De Telegraaf that the E.U. could reduce its share of climate finance contributions since "other country contributions count too." Meanwhile, U.K. Energy Secretary Ed Miliband reframed the entire deal as an "investment opportunity," suggesting that private sector funding could cover the bill—precisely the kind of responsibility-shifting the agreement's language enables. Hoekstra celebrates the deal as 'the start of a new era for climate finance'. Sadly, this is true. A new era where the E.U., U.K., and other rich nations dodge their responsibility to pay—one where everyone is responsible and thus no one is.
But we know rich countries can deliver the grants they owe to the Global South. They can raise well over $5 trillion a year by ending fossil fuel handouts, taxing the rich, and changing unfair global financial rules.
We also know failing to provide needed climate finance doesn't just condemn Global South countries suffering most acutely from a crisis they didn't create. It undermines our collective future.
As the International Court of Justice deliberates on states' climate obligations, this inadequate finance deal illustrates exactly why judicial scrutiny and legal clarity is needed. The world cannot afford another decade of wealthy nations dodging their responsibilities while climate disasters mount.
We reject this deal for what it is—a carefully constructed escape hatch for wealthy nations. It's high time for the biggest polluters to stop hiding behind voluntary pledges and using the climate regime to protect themselves from climate accountability, rather than to protect people and the planet from climate destruction. Rich countries must pay up for the climate action needed to halt the climate crisis they have created and remedy the climate harms that they have inflicted. Doing so is not just a moral imperative, it's a legal obligation.
