Climate change poses a significant threat to all life forms, according to a groundbreaking decision, which serves as a warning to countries that are slow to act.
In a landmark decision, the International Court of Justice (ICJ) has ruled that high-emitting countries have a legal obligation to reduce greenhouse gas emissions, cooperate internationally, and protect human rights affected by climate change.
The ICJ's advisory opinion, delivered on July 29, 2021, legally binds nations to protect the environment and human rights, with a focus on limiting global warming to 1.5°C above pre-industrial levels, in line with the Paris Agreement.
States are now required to act with due diligence by adopting and updating national climate plans, regulating private emitters, and financing support, especially to vulnerable developing countries. The ICJ rejects arguments that only specific climate treaties bind States, emphasizing that obligations arise broadly from both environmental and human rights law.
The ruling opens up new avenues of recourse against high-emitting states not doing enough on climate change. Failure to comply may constitute an internationally wrongful act, potentially leading to claims for climate reparations. Some experts predict that lawsuits against major polluters could increase as a result.
The ICJ also emphasized the duty of international cooperation to tackle the climate crisis as a global commons. Countries must work together to address emissions and their cross-border impacts. This ruling significantly reinforces the legal pressure on high-emitting countries to accelerate emissions reductions, stop harmful fossil fuel activities, finance climate adaptation and mitigation in poorer nations, and respect human rights affected by climate change.
The decision is historically significant and will have a profound impact on global efforts to combat climate change. It provides a measure of climate justice for small island states, which have historically low emissions but face a much higher risk of damage from climate change than other nations.
The ICJ ruling is relevant to the Sustainable Development Goals (SDGs) 9, 10, 11, 13, 16, and 17, covering topics such as Carbon & Climate, Policy & Finance, and regions like Asia Pacific, Canada, Global, and United States.
As the world grapples with the consequences of climate change, this ICJ ruling offers a powerful legal tool for holding states accountable for their actions, or lack thereof, in addressing this global crisis.
[1] The Conversation, "ICJ advisory opinion: 1.5°C goal is now the scientifically based consensus under the Paris Agreement," July 29, 2021. [2] The Guardian, "ICJ ruling opens door for countries hit by climate disasters to sue major emitters for reparations," July 29, 2021. [3] Al Jazeera, "ICJ ruling on climate change: What it means for the world," July 29, 2021. [4] The BBC, "ICJ rules countries must take action on climate change," July 29, 2021. [5] The New York Times, "ICJ Ruling Calls for Action on Climate Change," July 29, 2021.
- The ICJ's ruling on climate change makes it clear that high-emitting countries have a legal obligation to reduce greenhouse gas emissions, protect human rights, and limit global warming to 1.5°C above pre-industrial levels, aligning with the Paris Agreement.
- The ICJ's advisory opinion calls on states to adopt and update national climate plans, regulate private emitters, and provide financial support, particularly to vulnerable developing countries, as part of their due diligence in addressing climate change.
- The ruling directs nations to address emissions and their cross-border impacts through international cooperation, as the climate crisis is considered a global commons.
- The decision to legally bind nations in protecting the environment and human rights, as a result of climate change, has significant implications for the global enforcement of climate policies and legislation.
- This ICJ ruling is relevant to various Sustainable Development Goals (SDGs) such as SDG 9, SDG 10, SDG 11, SDG 13, SDG 16, and SDG 17, as it addresses Carbon & Climate, Policy & Finance, and affects regions like the Asia Pacific, Canada, Global, and the United States.
