International Court of Justice to advise on climate change
Source: Middle East Insurance Review | Jun 2023
The International Court of Justice (ICJ) at the Hague has begun the process to deliver an advisory opinion on states’ obligations concerning climate change. The UN General Assembly had adopted a resolution in this regard in March 2023.
The UN secretary general António Guterres had also written a letter to the ICJ registry on 17 April 2023 seeking an advisory opinion from the court.
The UN resolution was spearheaded by the Republic of Vanuatu and received overwhelming support after a series of consultations and was adopted by consensus by the member states of the world body. In the adopted resolution the general assembly has invited the opinion of the ICJ on the following questions:
What are the obligations of states under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gasses for states and for the present and the future generations?
What are the legal consequences under these obligations for states where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to states, including, in particular, small island developing states and to peoples and individuals of the present and future generations affected by the adverse effects of climate change?
UNEP environmental law unit head Andy Raine said, “It is the first time that the world’s highest court has been asked to clarify the obligations on states to protect the climate system and the legal consequences of failing to meet them.”
Mr Raine said the request from member states to the ICJ is a significant step in the fight for climate justice.
Although ICJ advisory opinions are not legally binding, they possess a lot of moral weight, provide clarifications on countries’ international obligations and can affect in the long-term the existing international legal order. As a result, the opinion of the ICJ is expected to push the UN member states to uphold their climate commitments. M