International Court of Justice to Address Climate Change Obligations

The International Court of Justice is hearing a pivotal case that may clarify the legal obligations of countries regarding climate change. Nearly 100 nations, led by Vanuatu, will present evidence on measures countries should take against climate change and reparations for damages. The court’s decision, although non-binding, could significantly influence climate-related litigation worldwide, with the final ruling anticipated in 2025.

The International Court of Justice (ICJ), located in The Hague, has commenced proceedings in a pivotal case poised to define countries’ legal duties regarding climate change. With nearly 100 countries testifying, including Vanuatu—its pioneer—the court’s inquiry will address foremost issues surrounding nations’ actions against climate change and reparations for damage linked to global warming. Although the ruling will not be obligatory, it may significantly bolster climate lawsuits worldwide.

Five years ago, the initiative for a legal opinion emerged from law students in Fiji before being embraced by Vanuatu, which has been harshly affected by climate change. Following devastating cyclones that impacted 80% of its population, Vanuatu declared a state of emergency and propelled its plea for an advisory opinion to address pressing climate obligations.

The UN General Assembly, in response to the urgency articulated by Vanuatu and other nations, referred critical climate-related questions to the ICJ. These inquiries pertain to the international legal responsibilities nations hold towards mitigating pollution from greenhouse gas emissions and the implications of causing considerable harm to climate systems. The hearings, expected to last until December 13, will also include testimonies from major countries, such as the United States and China, as well as representatives from the oil-exporting group OPEC. The court’s opinion is anticipated in 2025.

The case brought before the ICJ originates from a proposal made by law students in Fiji that sought to clarify the legal frameworks surrounding climate action. The focus is on defining the responsibilities of nations under international law regarding greenhouse gas emissions and their legal obligations to address climate-related damage. Vanuatu, which suffers directly from climate impacts, particularly rising sea levels and extreme weather events, has taken a lead role in this initiative, emphasizing the need for accountability among developed nations that historically contributed more significantly to global emissions.

This case represents a critical moment in international climate discourse, as it seeks to affirm the legal obligations of countries to combat climate change and provide rectification for resulting damages. While the ICJ’s ruling will not be legally binding, its implications could enhance existing climate litigation efforts globally and possibly influence future agreements on climate finance and responsibility.

Original Source: www.bbc.com