The International Court of Justice’s Role in Upholding the Right to a Healthy Environment

The ICJ is deliberating the human right to a clean, healthy, and sustainable environment, potentially recognizing it under customary international law. Over 60 States support this view, linking the right to climate change obligations. This recognition could enhance legal accountability for environmental protection as global crises worsen, particularly for marginalized communities.

The International Court of Justice (ICJ) is deliberating a critical advisory opinion on States’ obligations amid climate change, focusing on establishing whether the human right to a healthy environment constitutes customary international law. This determination would impose a duty upon all States to safeguard environmental health, especially significant as climate change and pollution impact marginalized communities disproportionately. The urgency of this examination increases as environmental crises escalate, necessitating international legal accountability.

In public hearings last December, over 60 States asserted the recognition of the right to a clean, healthy, and sustainable environment globally, linking it to the climate emergency. In contrast, only ten nations, including the UK and USA, challenged this consensus, dismissing the UN’s recognition as politically motivated rather than legally binding. Nonetheless, the pressing challenges of climate change, pollution, and biodiversity loss extend beyond legal discussions, as they inherently intertwine with societal inequalities affecting vulnerable populations.

As the UN Special Rapporteur, I advocate for the recognition of the right to a healthy, clean, and sustainable environment as customary international law. The ICJ’s determination hinges upon two ways obligations arise: from treaties and established customary practices. Specifically, customary law necessitates a widespread State practice and recognition of a legal obligation, known as opinion juris. The globally acknowledged right to a healthy environment demonstrates such practice.

Since the 1970s, the right to a clean and sustainable environment has gained extensive recognition across international, regional, and national levels, with 164 States formally including it in their legal frameworks. Furthermore, prominent human rights treaties and regional agreements affirm the essentiality of this right in protecting other human rights, demonstrating that this ecological right is foundational for individual and community wellbeing. Thus, evidence supports the existence of customary international law regarding this right.

States broadly acknowledge the binding nature of the right to a healthy environment, evident through numerous court decisions and regulations emphasizing duty to uphold this standard. These legal proceedings illustrate that failure to protect this right can lead to liability for governments and organizations. This consensus around opinion juris reinforces the ICJ’s capacity to affirm the right as customary international law.

Recognizing the right to a healthy environment as an obligation under international law would mark a remarkable advancement for humanity, particularly under the looming threat of climate crises. The ICJ holds the opportunity to clarify the responsibilities of States and corporations, guiding them towards addressing the foundational causes of environmental degradation. This recognition could spur greater global adherence to environmental rights, impacting future legal frameworks and policy developments favorably.

The ICJ is considering pivotal cases regarding climate change and human rights, specifically the right to a healthy environment. Current discussions point to the potential of recognizing this right as customary international law, which necessitates that all nations adhere to such obligations irrespective of local legal statutes. The exploration of this right is critical as it aligns with urgent global crises affecting marginalized populations and the overall health of our planet.

The deliberation by the ICJ underscores the increasingly recognized human right to a healthy environment as a crucial aspect of international law. Acknowledging this right could catalyze a more robust commitment from States to protect environmental health, particularly amidst escalating climate challenges. By officially recognizing this right as customary, the ICJ can significantly influence global environmental policy and reinforce its universal legal status.

Original Source: impakter.com