Historic Advisory Proceedings on Climate Change at the ICJ

The ICJ convened historic advisory proceedings on climate change obligations, initiated by Vanuatu, with unprecedented participation from various States and organizations. The sessions highlighted divides between developed and developing nations on legal responsibilities and sources of obligation. The involvement of youth and vulnerable populations was emphasized, reflecting the global urgency of addressing climate change as the Court prepares to deliver significant advisory opinions.

On December 2, 2024, the International Court of Justice (ICJ) convened at the Peace Palace for a historic two-week session during which States and international organizations presented their views on the legal obligations concerning climate change. Vanuatu, supported by the Melanesian Spearhead Group, initiated the proceedings, including the perspectives of youth, marking a significant moment in international law and climate advocacy.

This undertaking stemmed from efforts that began nearly four years ago by Vanuatan law students, aware of prior unsuccessful endeavors at engaging the ICJ, notably by Palau and the Marshall Islands in 2011. Vanuatu collaborated with other Member States at the UN to meticulously build its case, which culminated in the UN General Assembly unanimously adopting resolution 77/276 in March 2023, leading to the current advisory opinion request.

The participation in these proceedings was unprecedented; a total of ninety-one written statements and sixty-two comments were submitted, alongside one hundred seven oral submissions. Numerous States, including Nepal and Barbados, presented for the first time, highlighting the engagement of nations facing existential threats from climate change, particularly small island and geographically vulnerable States.

Small island States have historically championed climate change action, with notable milestones including Malta’s initiative for recognition of climate change at the UN in 1988. In these proceedings, twelve out of the eighteen Pacific Island States contributed written submissions, underscoring their proactive stance through regional intergovernmental organizations. Coastal States like Portugal and El Salvador also acknowledged their vulnerability and participated actively.

Consensus emerged on the undeniable threat of climate change driven by human activity, with even oil-producing nations like Saudi Arabia recognizing its urgency. However, disputes centered on the applicability of established international environmental law principles and their relationship to climate obligations, specifically regarding the polluter-pays principle and State liabilities.

A clear divide between developed and developing countries became apparent during discussions on the sources of law governing climate action. Developed nations contended that obligations stemmed mainly from climate treaties, while developing countries asserted that customary international law also imposed duties on States regarding climate mitigation. Additionally, rights implications for vulnerable populations were raised, though these claims faced resistance from several powerful nations.

The participation of youth was notably expressed at the hearings, a momentous occasion for the Court. The Bench posed pivotal questions regarding fossil fuel impacts, the Paris Agreement’s legal interpretation, environmental rights, and the implications of States’ declarations within the framework of climate accords, receiving sixty-five written responses thereafter.

As the ICJ judges deliberate on these crucial matters, considerable responsibility lies ahead to provide clarity on State obligations in the context of global climate challenges. Expectations are high among stakeholders for the advisory opinion, which, while non-binding, is anticipated to carry significant influence in shaping climate law and policy moving forward.

The ICJ’s climate change advisory proceedings represent a critical juncture in international climate law, showcasing unprecedented participation from a diverse array of States and highlighting urgent discussions on legal obligations concerning climate change. The engagement of youth and vulnerable nations underscores the global acknowledgment of climate-related threats, while the anticipated advisory opinion promises to provide vital legal clarity amidst the ongoing climate crisis.

Original Source: sdg.iisd.org