The International Court of Justice and Climate Change: A New Era of Accountability

What is the International Court of Justice (ICJ)?

The ICJ, also recognized as the World Court, serves as the main judicial entity of the United Nations. Its fundamental purpose is to resolve disputes between nations and to provide advisory opinions on matters concerning international law.

Why Has the ICJ Been Approached on Climate Change?

A recent resolution passed by the United Nations General Assembly (UNGA) has called upon the ICJ to provide its advisory opinion. This seeks to clarify what obligations countries have under international law pertaining to the fight against climate change and its ensuing effects.

What Questions Has the UNGA Asked the ICJ?

The UNGA has posed two significant questions for the ICJ to address:

• What are the obligations of nations under international law to protect the climate system?
• What are the legal consequences for nations causing harm to the climate?

Which Laws Will the ICJ Consider in Its Advisory Opinion?

In forming its advisory opinion, the ICJ will examine several landmark international agreements, including:

• The 1994 UN Framework Convention on Climate Change (UNFCCC).
• The 2015 Paris Agreement.
• Treaties such as the Law of the Sea, the Convention on Biological Diversity, and other pertinent international human rights laws.

What Significance Does This Case Hold?

• Global Precedent: The advisory opinion could set a legal framework for holding nations accountable for their climate obligations.
• Support for Vulnerable Nations: Small island nations and developing countries could leverage this opinion to seek compensation for damages related to climate change.
• Future Negotiations: The ruling could shape international climate negotiations, encouraging more robust actions against climate change.

How Could This Case Impact Climate Litigation?

The ruling from the ICJ may serve as a precedent for countless climate lawsuits around the globe. It would strengthen the cases demanding accountability from both governments and corporations regarding climate-related harm.

How Many Submissions Has the ICJ Received in This Case?

To date, the ICJ has received over 90 written submissions from various countries, organizations, and experts, illustrating significant global engagement in this matter.

What Role Does India Play in This Context?

India’s Supreme Court has recently broadened the interpretation of fundamental rights to include protection against the impacts of climate change, highlighting its proactive approach to this pressing issue.

When is the Final Submission Expected?

The ICJ is set to hear the United States submission on December 5, 2024, marking a crucial milestone in this ongoing case.