The International Court of Justice (ICJ), the highest court of the United Nations, will hold public hearings in December on a landmark case concerning countries’ legal obligations to fight climate change. These hearings, scheduled to begin on December 2nd, are a crucial step in a case that could redefine international law and shape future climate change litigation.
The case was initiated by the UN General Assembly last year, with Secretary-General António Guterres expressing hope that the ICJ’s advisory opinion would motivate nations to take stronger climate action. The ICJ has received written submissions from 62 nations and organizations, including the EU, UK, US, and Brazil, outlining their perspectives on the complex legal issues at hand.
The ICJ’s panel of 15 judges will grapple with two fundamental questions:
1.
What are the legal obligations of countries under international law to protect the climate and environment from human-caused greenhouse gas emissions?
2.
What are the legal consequences for governments whose actions or inaction have significantly harmed the climate and environment, particularly for vulnerable nations like small island developing states and future generations?
The second question is particularly significant as it acknowledges the disproportionate impact of climate change on vulnerable communities and future generations. The ICJ’s findings will hold immense weight, potentially shaping the legal landscape for climate change mitigation and adaptation efforts.
The upcoming hearings follow a series of recent developments in international courts regarding climate change. In May, the International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion that recognized the impact of greenhouse gas emissions on the oceans and called for countries to mitigate and adapt to their effects. This landmark ruling, the first of its kind from an international court, was sought by a group of Caribbean and Pacific island nations, emphasizing the urgency of addressing the issue.
The ICJ case is one of three major climate change legal documents expected from prominent international courts. The other two are from the Inter-American Court of Human Rights and the ITLOS. While these advisory opinions are not legally binding, they carry significant influence and will likely shape future climate change policy and legal frameworks.
The ICJ’s December hearings mark a critical moment in the global fight against climate change. The outcome will not only clarify the legal obligations of nations but also offer valuable guidance for governments and individuals in taking necessary steps to protect the environment and ensure a sustainable future. The world awaits with anticipation as the ICJ delves into this crucial legal battle and sets a precedent for international climate action.
