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Nun’s landmark coal mine victory quashed by Australian court

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An Australian courtroom has overturned a ruling on a case introduced by an 87-year-old nun that made the setting minister personally accountable for future damages to youngsters attributable to local weather change.

Authorized consultants warned that the ruling put local weather litigation in danger after a federal courtroom stated the Australian authorities didn’t have an obligation of care to guard youngsters from the results of world warming when approving coal mine expansions.

Sister Brigid Arthur, on behalf of eight highschool college students, had requested for an injunction on mining firm Whitehaven Coal’s plan to assemble an opencast coal mine in northern New South Wales.

The candidates had argued that allowing the mine to go forward would breach the minister’s responsibility of care, given the established scientific hyperlink between fossil gas combustion and world warming.

Final yr, the courtroom discovered that the setting minister had a “responsibility to take cheap care” to guard Australian youngsters “from emissions of carbon dioxide into the Earth’s environment”.

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The choice was hailed as a landmark victory for the local weather motion, prompting predictions it will act as a brake on fossil gas growth and spur extra personal litigation in opposition to governments and companies.

However the Federal Courtroom’s determination to overturn that ruling, reached by a panel of three judges on Tuesday, left the way forward for such litigation doubtful.

The judges stated the case handled “core coverage questions” that have been “unsuitable of their nature and character for judicial willpower”. They dismissed the argument that, in approving a coal mine, the minister was placing younger Australians at “foreseeable threat” of harm.

“It’s honest to say that we’re dissatisfied and the kids are dissatisfied, however they are going to carry on combating,” stated David Barnden, principal at Fairness Technology Legal professionals, which represented the kids and the Roman Catholic nun. He stated the candidates would assessment the judgment and that the choice may very well be appealed within the Excessive Courtroom.

Anjali Sharma, 17, one of many college students who introduced the case, stated she was “devastated” by the choice.

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“Local weather change is already wreaking havoc on the lives of Australians,” she stated. “Two years in the past, Australia was on fireplace; right now, it’s below water. Burning coal makes bushfires and floods extra catastrophic and extra lethal. One thing wants to alter. Our leaders must step up and act.”

Jacqueline Peel, a professor of local weather change legislation on the College of Melbourne, stated the choice would put a “handbrake on local weather litigation in Australia”.

“In Australia we’ve been seeing a development of incrementally embracing a higher function for the courts in a context the place the federal authorities has been lambasted nationally and internationally for lack of significant coverage on local weather change,” she stated.

Australia has been criticised internationally for repealing an emissions buying and selling scheme, undermining efforts to construct worldwide carbon buying and selling guidelines, failing to replace its 2030 emissions targets as required below the Paris local weather settlement, and selling the growth of fossil fuels.

Peel added that the ruling “bucks the development” internationally of profitable local weather litigation, including that courts in Europe have been turning into notably “courageous”.

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The ruling was made a day after shareholder activist group ClientEarth introduced it will begin landmark authorized proceedings in opposition to oil main Shell’s board of administrators for his or her alleged failure to undertake a method that “actually aligns” with the 2015 Paris local weather settlement.

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Countries wooing corporate digital nomads hope to make them stay

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Countries wooing corporate digital nomads hope to make them stay

“Digital nomad” visas are increasingly being used by countries to attract remote corporate workers, according to tax experts, as governments seek to outbid each other in a global war for talent.

More countries have introduced a form of digital nomad visa — allowing a person to live in a country and work remotely — since the pandemic increased demand from employees to “work from anywhere”.

The notion of a “digital nomad” has tended to suggest footloose freelancers backpacking across countries or working on beaches from their laptops.

But self-employed digital nomads make up a relatively small slice of the total community. While their numbers have grown by more than 50 per cent since the pandemic, according to figures from MBO Partners, they were not the main group governments are trying to attract, global mobility experts told the FT.

“The ‘nomad’ visa is ironically not done for nomads,” said Gonçalo Hall, CEO of NomadX, a remote work consultancy, who advises governments on how to launch digital nomad communities.

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“Most governments are seeing [nomad visas] as a way to attract remote workers with the clear intention of getting them to stay and become permanent residents in their countries.”

Gonçalo Hall, the Portuguese founder of a digital nomad village in Madeira © Goncalo Hall
Images from Goncalo Hall’s Instagram promoting work as a digital nomad © Goncalo Hall/Instagram

The total number of US digital nomads hit 17.3mn in 2023, according to MBO Partners, of which just 6.6mn were self-employed. The survey only tracks Americans, thought to be the largest group of digital nomads by nationality. Remote salaried workers are not taking jobs from locals and their consumer activity contributes to their host economy.

Countries were jumping on the “buzzword” of digital nomads, but really the visas “should be called remote worker visas”, Hall said.

Italy last month became the most recent country to introduce a digital nomad visa, joining several European countries, including Portugal, Estonia, Greece, Malta and Spain, that are trying to attract a growing global remote workforce.

Pallas Mudist at Enterprise Estonia, a government agency, said: “Estonia’s digital nomad visa is specifically designed to attract not just entrepreneurs and freelancers but also salaried remote workers.”

The visas are only open to non-Europeans, with about 600 issued since the scheme launched in August 2020. But overall the government estimates that 51,000 digital nomads visited Estonia in 2023, including Europeans who do not need a visa.

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Similar programmes have also been introduced in Barbados, Brazil, Cape Verde, Costa Rica, Mauritius and the UAE among others. While there are no official figures on the number of countries that have introduced the visas, tax experts point to sources compiled by digital nomads such as nomadgirl.co, which says there are now 58 countries offering them.

You are seeing a snapshot of an interactive graphic. This is most likely due to being offline or JavaScript being disabled in your browser.

Daida Hadzic, a global mobility tax expert at KPMG, said that ageing societies was one reason governments were seeking to attract remote corporate employees using digital nomad visas. If such employees settle permanently in the country, they will contribute their skills and labour over the longer term too.

“The driving force behind digital nomad visas is that these countries are in competition with each other over labour,” she said.

Giorgia Maffini, tax expert at PwC UK, said countries offering digital nomad visas tended to be “a bit less competitive” at attracting foreign workers, citing Costa Rica, Croatia and Indonesia as examples.

Steve King, researcher at US-based workforce consultancy MBO Partners, said countries with digital nomad visa programmes often preferred salaried employees.

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“Many countries see digital nomads with traditional jobs as tourists on steroids who will spend money locally, but won’t take local jobs or be a burden on local social services,” he said.

You are seeing a snapshot of an interactive graphic. This is most likely due to being offline or JavaScript being disabled in your browser.

Marta Aguilar, who lives in Spain, said she spent almost half the year travelling the world while working for Coverflex, a flexible compensation company based in Portugal.

The company has no offices and employees work fully remotely, with a €1,000 a year remote working budget.

“I don’t like winter. So, I haven’t had winter for two years. I just skipped it,” said Aguilar.

However, the international tax system is often difficult to navigate for remote workers as the rules were not designed for a more mobile workforce.

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For companies, a key risk when employees work remotely is that the country they are in can be deemed a de facto business branch, or “permanent establishment” of the employer for tax purposes. That imposes tax reporting requirements on the business and means some of the business’s profits are potentially liable for tax in the country in which the employee is working.

Remote workers can also expose themselves to income and social security taxes on earnings generated while working abroad and potentially end up liable for tax in multiple places, also exposing the employer to liability.

Several intergovernmental bodies, including the EU, OECD and UN, are examining ways to make it easier for businesses and countries. In February, the European Economic and Social Committee recommended the taxation of remote employees take place in the country of the employer’s residence, with some tax revenue shared with the employee’s resident country.

Column chart of Number of US digital nomads (mn) showing Digital nomads have increased since the pandemic but growth has slowed

Experts also warn that some countries risk losing tax revenues as workers relocate — particularly if they move to lower-taxed jurisdictions.

“The problem with, say, the UK is we are so dependent on labour, and our weather is not great. [The trend for more remote working] may well lead to a lot of people going to, say, Greece, and undermining our tax base,” said Grant Wardell-Johnson, global tax policy leader at KPMG International.

These risks are thought to be small, for now. Rough estimates by the IMF in 2022 found that increased remote working reallocates about $40bn of the income tax that workers pay globally. This represents roughly 1.25 per cent of the global income tax base. The potential revenue either lost or gained across countries was found to be between 0.1 and 0.2 per cent of GDP.

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Small emerging market economies “with below-average tax rates and good remote work capability” typically gain the most from the trend, the research found — underlying the potential for tax winners and losers. 

Dino Jangra, a partner at Crowe, said: “In most countries, payroll wage tax is the biggest take. If you start to see a lot of people leaving your country, that becomes a problem.”

However, growth in remote working has slowed of late. According to MBO, the numbers of US digital nomads rose by just 2 per cent last year.

“I don’t think the digital nomad concept has so far quite turned out how people thought it would. There’s definitely been a wave of ‘get your bums back to the office’ happening all around the world,” said Jangra.

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Boeing's troubled Starliner spacecraft launch is delayed again

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Boeing's troubled Starliner spacecraft launch is delayed again

Boeing’s Starliner capsule atop an Atlas V rocket is seen at Space Launch Complex 41 at the Cape Canaveral Space Force Station on May 7, a day after its mission to the International Space Station was scrubbed because of an issue with a pressure regulation valve.

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Boeing’s Starliner capsule atop an Atlas V rocket is seen at Space Launch Complex 41 at the Cape Canaveral Space Force Station on May 7, a day after its mission to the International Space Station was scrubbed because of an issue with a pressure regulation valve.

John Raoux/AP

The first crewed launch of Boeing’s troubled Starliner spacecraft has been delayed again, to May 25, this time because of a helium leak in the service module.

NASA had set the liftoff for May 21 after scrubbing a May 6 launch but the helium leak was discovered on Wednesday. While the agency said the leak in the craft’s thruster system was stable and wouldn’t pose a risk during the flight, “Boeing teams are working to develop operational procedures to ensure the system retains sufficient performance capability and appropriate redundancy during the flight.”

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While that work is going on, NASA said its Commercial Crew Program (CCP) and the International Space Station Program will review data and procedures before making a final determination whether to proceed with a countdown.

The delay is the latest for the Starliner’s first crewed mission, which will carry NASA astronauts Barry “Butch” Wilmore and Sunita “Suni” Williams to the International Space Station. The astronauts are to spend about a week aboard the space station before making a parachute and airbag-assisted landing in the southwestern U.S.

If that mission is successful, NASA will begin the final process to certify Starliner for crewed rotation missions to the space station.

The delay comes roughly a decade after NASA awarded Boeing a more than $4 billion contract as part of the agency’s Commercial Crew Program, which pays private companies to ferry astronauts to and from the space station after the space shuttle was retired in 2011.

SpaceX, which was also awarded a $2 billion contract under the CCP initiative, has flown eight crewed missions for NASA and another four private, crewed spaceflights since 2020.

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A history of delays and design problems

But the Starliner program has been plagued with delays and design problems for several years.

It failed to reach the space station during its first mission in 2019 after its onboard clock, which was set incorrectly, caused a computer to fire the capsule’s engines too early. The spacecraft successfully docked with the space station during its second test flight in 2022, despite the failure of some thrusters during the launch.

Boeing then scrapped the planned launch of the Starliner’s first crewed flight last year, after company officials realized that adhesive tape used on the craft to wrap hundreds of yards of wiring was flammable, and lines connecting the capsule to its three parachutes appeared to be weaker than expected. The launch was delayed indefinitely.

The May 6 launch was scrubbed because of a faulty oxygen relief valve, NASA said.

Wilmore and Williams remain quarantined in Houston and will fly back to NASA’s Kennedy Space Center in Florida closer to the new launch date, NASA said. The Starliner, which sits atop a United Launch Alliance Atlas V rocket, remains in the Vertical Integration Facility at Space Launch Complex 41 on Cape Canaveral Space Force Station in Florida.

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Boeing has faced intense scrutiny this year on the commercial aviation side of its business after a rear door plug blew out of an Alaska Airlines flight shortly after takeoff in January.

Whistleblowers have since come forward to detail alleged quality control lapses at the storied company, and the Federal Aviation Administration said it was auditing Boeing’s production. The Justice Department also announced it would open a criminal investigation into the Alaska Airlines incident.

NPR’s Joe Hernandez and Geoff Brumfiel contributed reporting.

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Gantz threatens to quit Israeli government if no new war plan by June 8

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Gantz threatens to quit Israeli government if no new war plan by June 8

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Benny Gantz has threatened to leave Israel’s emergency government if Prime Minister Benjamin Netanyahu did not commit to a new plan for the war with Hamas in Gaza and its aftermath.

In a televised statement on Saturday evening, Gantz, an opposition figure and former general who joined Netanyahu’s coalition in the aftermath of Hamas’s October 7 attack on Israel, said that his centrist National Unity party would leave the government if his demands were not met by June 8.

Gantz’s ultimatum brings to a head months of tensions within Netanyahu’s government over the handling of the war, and comes just days after defence minister Yoav Gallant slammed Netanyahu for the lack of a postwar plan for Gaza, the enclave Hamas has ruled since 2007.

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