Publication
International arbitration report
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
Australia | Publication | April 2020
Last month, the Climate Change Authority (Authority)1 released its report ‘Prospering in a Low Emissions World: an updated climate policy toolkit for Australia’ (2020 Report, available here). Our earlier update on the consultation paper released by the Authority in relation to this review can be found here.
In the 2020 Report, the Authority has made 35 recommendations, which are directed primarily to the Federal Government (Government), on how Australia can choose the right policy settings to ensure we meet our international climate change commitments under the 2015 Paris Agreement, and in doing so, take advantage of emerging economic opportunities as the global economy decarbonises.
The Authority’s work is of critical importance for two reasons:
The 2020 Report also comes at a time when Australians are more aware than ever of the impacts of climate change. Dr Wendy Craik, Chair of the Authority said, “Australians are already experiencing the effects of a variable and changing climate. 2019 was Australia’s warmest and driest year on record – a key factor driving this summer’s catastrophic bushfire season, which caused widespread loss and devastation to Australian communities, wildlife and natural ecosystems. At the same time Australians have endured a record severe and prolonged drought”.3
From an economic perspective and in light of the significant global developments which have occurred since its 2016 report on Australia’s climate goals and policies4, the Authority points out that “Australia will need to respond to changing global circumstances, or risk getting left behind”.5 In particular, it is telling that the private sector’s response to climate change has moved ahead of climate policy in Australia, with businesses actively considering, managing and disclosing climate risks both in Australia and overseas, including by adopting shadow carbon prices in their financial projections.6
Accordingly, a strong theme throughout the 2020 Report is the need to support research and development (R&D) across all industry sectors and also to provide access to finance. We have included more detail on the Authority’s R&D and finance recommendations below.
The Authority’s recommendations build on the Government’s current suite of climate change policies and are intended to inform the Government’s forthcoming long-term climate strategy and Technology Investment Roadmap. As such, they must be sufficiently flexible and scalable to deliver emissions reductions beyond those required for the Government’s current 2030 target.
The Authority has made a number of overarching recommendations in relation to Australia’s response to climate change, including the following key recommendations which would see a step-change in relation to the Government’s approach to date:
a. support a strong global response to climate change that minimises physical impacts on Australia and increases international demand for Australia’s emerging low-emissions export industries; and
b. maximise the opportunities for Australia from international trade in emissions reductions; and
These broad recommendations signal that the Authority considers it is time for the Government to take a more hands-on approach to addressing climate change in all areas, including by escalating our national climate policy response; adopting a more proactive stance at the international level; and, ensuring that Australia is ready to participate in international carbon markets under Article 6 of the Paris Agreement and CORSIA (see our previous update on international carbon markets here).
The Authority has made specific recommendations targeted at reducing GHG emissions in the transport, industrial, electricity, energy efficiency, agriculture and land, and waste sectors. We have summarised the key recommendations in the table below:
Chapter / Sector | Key findings | Key recommendations |
1. Transport9 |
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2. Industry 10 |
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3. Electricity11 |
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4. Agriculture and land12 |
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5. Waste14 |
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6. All sectors: Energy efficiency15 |
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Additionally, the Authority has made recommendations to drive R&D and finance and investment, ahead of the development of Technology Investment Roadmap and release of the Australian Sustainable Finance Initiative’s final report.
Investment in R&D will be important to ensure that Australia can lower the cost of responding to climate change across all sectors.
According to the Authority, in order to achieve this it will be necessary for the Government to:
In addition, as a matter of practicality, funding support for innovation in emissions reduction technologies should be targeted towards harder-to-abate and emissions-intensive, trade-exposed industries, and industries with well-defined goals, targets and pathways.
Beyond the R&D phase, a significant amount of additional public and private investment will be required to meet emissions reduction goals set out in the Paris Agreement and Australia is well placed to become a major investor in emissions reductions opportunities due to its sophisticated funds management industry.
Going forward, the Authority has made it clear that it is necessary to develop and implement plans for addressing gaps and deficiencies in the data required to enable industry, investors and business to understand and manage climate-related financial risk and has recommended the establishment of a joint taskforce of the Council of Financial Regulators to:
In addition, according to the Authority, the Government should consider recommendations put forward by the industry-led Australian Sustainable Finance Initiative when the final report is published.
At the international level, the Authority has recommended that the Government participate in international development of global green economy rules and standards.
If you wish to discuss any aspect of the Authority’s recommendations, or Australia’s existing climate change policies, please contact a member of our team.
The Authority is an independent statutory agency, which was established in 2012 to advise the Government on climate change policy.
According to the Authority’s report ‘Australia’s Climate Change Policies at the Australian and State and Territory Government Levels: A stocktake’ dated March 2019 (available here).
Climate Change Authority media release: ‘Climate Change Authority releases new report - Prospering in a low-emissions world: An updated climate policy toolkit for Australia’ (19 March 2020) (Media Release) available here.
Climate Change Authority, ‘Towards a Climate Policy Toolkit: Special Review on Australia’s Climate Goals and Policies’ August 2016, available here.
2020 Report, page 2.
Relevantly, Australian and international regulators are increasingly focused on climate related financial risks, and have recognised the Task-force on Climate-related Financial Disclosure framework as best practice.
2020 Report, page 9.
In March this year, Christiana Figueres, the former executive secretary of the United Nations Framework Convention on Climate Change, criticised this policy and a group of leading climate law professors described the strategy as “legally baseless at international law” (refer here).
2020 Report pages 98–110.
2020 Report pages 89–97.
2020 Report pages 74–88.
2020 Report, pages 12, 32 and 111–123.
This recommendation was previously made by the Authority in 2018 in Climate Change Authority, ‘Reaping the rewards: Improving farm profitability, reducing emissions and conserving natural capital’ April 2018.
2020 Report pages 124–129.
2020 Report, pages 130–141.
2020 Report pages 142 – 149.
2020 Report, pages 150 – 159.
Publication
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
Publication
The 28th Conference of the Parties on Climate Change (COP28) took place on November 30 - December 12 in Dubai.
Publication
Miranda Cole, Julien Haverals and Emma Clarke of our Brussels/ London offices are the authors of a chapter on procedural issues in merger control that has been published in the third edition of the Global Competition Review’s The Guide to Life Sciences. This covers a number of significant procedural developments that have affected merger review of life sciences transactions.
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