On the 29th, the United Nations (UN) General Assembly adopted a historic resolution calling on the International Court of Justice (ICJ) to define the legal obligations of states to combat climate change and mitigate climate-related disasters. The ICJ will issue an advisory opinion in 2025. While this opinion is not binding on national courts, it will have a substantial impact on judges and governments. This is the first time that international law has established an obligation to act on climate change.
The International Court of Justice has substantial influence; countries that fail to act may face climate lawsuits.
The proposal, initiated by the Pacific island nation of Vanuatu, has garnered support from over 130 countries. Vanuatu's Prime Minister, Ishmael Kalsakau, called it an epic victory for climate justice. He said the court will "show us the legal consequences for countries that ignore the law and cause climate and environmental damage."
The advisory opinions of the International Court of Justice are not binding on courts of various countries, but judges will take them into consideration when making decisions, and they actually have moral and legal influence.
The 2015 Paris Agreement saw countries agree to limit global warming to well below 2°C, and preferably to 1.5°C, but it did not establish any legal obligations for countries. According to The Guardian, advisory opinions from the International Court of Justice (ICJ) help countries determine whether their commitments constitute legal obligations and the potential legal consequences of non-compliance.
Hope for island nations: climate litigation and climate compensation
In 2019, students at the University of the South Pacific launched the climate initiative, writing to Pacific leaders. Vanuatu responded by pushing for the proposal in 2021, and two years later, it was successfully passed as a resolution at the United Nations.
The island nation of Vanuatu, long threatened by rising sea levels, recently suffered a devastating disaster. In early March, two Category 4 tropical cyclones struck Vanuatu, damaging infrastructure and forcing residents to evacuate, leaving the island without water and electricity for days.
Island nations, despite emitting minimal carbon emissions, bear the brunt of the damage. Issues such as climate justice and compensation have become a focal point in recent years. Voice of America reported that China and the United States, the world's largest greenhouse gas emitters, did not support the case, but also did not obstruct it. U.S. Representative Nicholas Hill stated at the conference that initiating this legal process could highlight differences of opinion and be detrimental to climate progress. Diplomacy is the best way to address the climate crisis.
UN Secretary-General António Guterres said the opinion would help the UN General Assembly, other bodies and member states take the bolder and stronger climate action that the world urgently needs.
Source: Environmental Information Center (https://e-info.org.tw/node/236431)
