Led by the highly vulnerable Pacific Island nation of the Republic of Vanuatu, a group of champion countries from around the world are asking for an expert opinion on climate change from the International Court of Justice (ICJ).
To date, the World’s Highest Court is the only principal organ of the United Nations that has not been given a chance to address one of the world’s most pressing issues, climate change. An advisory opinion from the International Court of Justice on the climate crisis would allow countries to better understand their existing legal obligations, from a range of international laws and treaties, on issues such as emissions cuts, climate finance, loss and damage as well as others.
Clarifying existing obligations under international law, including but not limited to the UN Framework Convention on Climate Change, will strengthen the implementation of the Paris Agreement. Here are five ways how:
The ICJ process can help countries enhance climate commitments, which is one of the cardinal points of the Paris Agreement, by providing clarity on existing obligations. Countries have been promising to submit stronger climate targets. For example last year in Glasgow all nations agreed to increase their ambition in 2022, however so far less than thirty countries have committed to higher targets in their Nationally Determined Contributions.
The World Court could advise that climate action and the implementation of the Paris Agreement are legal duties of countries. For now climate targets are perceived as voluntary commitments, however other international laws contain legally enforceable mechanisms for preventing harm to people and environments. Countries could gain clarity regarding their legal duty of implementing those requirements against climate harm.
It would outline all countries’ obligations towards developing countries, including providing more clarity on issues such as climate finance. The delay in delivering the 100 billion USD finance package, which hinders vulnerable countries’ efforts to prepare for and mitigate the ravaging impacts of climate change. Countries’ duties could be better understood thanks to an assessment of existing international law.
The ICJ will also clarify details on non-negotiable items such as human rights from the perspective of international law. The proposed advisory opinion could elaborate on critical topics that climate negotiations don’t have room to cover but are inherently linked to the climate crisis.
There are several unresolved issues within the negotiations. International law can help us to untangle these issues is a non-political and independent way to clarify the legal implications of climate change negotiation positions under international law.
Overall the government of Vanuatu and global supporters of the initiative, aim to bring all obligations under international law together in a consistent and coherent way as we collectively implement the Paris Agreement. This will not only strengthen the multilateral climate regime, but will also provide countries an opportunity to improve their own domestic legislation and regulation on climate change.
Vanuatu and its allies are now finalising the draft resolution, which is expected to undergo consultation and subsequently be voted on at the UN General Assembly in the next few months.
