Corporation polluters may face accountability due to court's stance on climate change
The International Court of Justice (ICJ) in The Hague, Netherlands, is set to issue a non-binding opinion on countries' legal obligation to fight climate change on 23 July. This opinion, which has been eagerly anticipated, could have significant implications for corporate polluters.
The ICJ's advisory opinion, directly addressing States’ legal obligations to prevent climate harm and limit global warming to 1.5°C, emphasises the need for States to regulate private actors, including corporations, to fulfill their due diligence duties to protect the environment and human rights from greenhouse gas emissions.
The opinion establishes that States must act with due diligence in regulating all entities contributing to climate change, making climate obligations legally binding and enforceable rather than aspirational. This suggests increased state accountability for the actions of domestic corporate polluters.
Moreover, the advisory opinion highlights the potential for legal responsibility and reparations for violations of climate obligations if States fail to control emissions. This could extend to holding States accountable for corporate polluters within their jurisdiction.
The indirect effect on corporate polluters could be significant. The opinion could lead to increased regulation of corporations, heightened legal risk for polluting companies, potential for climate litigation and reparations, and pressure for corporate transparency and ambition.
Astrid Puentes Riaño, UN special rapporteur on the human right to a healthy environment, stated that the advisory opinion could broaden the scope of environmental law and affirm its status as an integral part of international law. Joie Chowdhury, senior lawyer for the climate and energy group at the Swiss-based nonprofit Center for International Environmental Law (CIEL), expects the opinion to have implications for corporate polluters.
The hearings leading to the advisory opinion were championed by states due to the perceived failure of multilateralism to deliver at the necessary scale. The opinion is expected to address whether large states contributing the most to greenhouse gas emissions should be liable for damage caused to small island nations. It could also potentially clarify that environmental obligations are interconnected with all state actions, including economic and development policies.
The advisory opinion's clarification on the consequences for states failing to act on climate change issues will be "the foundation to guide the work forward" beyond COPs, according to Vishal Prasad. The opinion is seen as another potential avenue for advancing the case for climate reparations.
In summary, the ICJ opinion strengthens the legal framework underpinning States’ duties to regulate private emitters, thereby increasing pressure on corporate polluters through national laws and international climate governance mechanisms. It signals a new era of enforceable climate accountability that could catalyse stricter corporate regulation and heightened legal exposure for polluters worldwide.
- The ICJ's advisory opinion underscores the necessity for States to regulate private actors, including corporations, to meet their due diligence duties to protect the environment and human rights from greenhouse gas emissions.
- The opinion highlights the potential for legal responsibility and reparations for violations of climate obligations if States fail to control emissions, which could extend to holding States accountable for corporate polluters within their jurisdiction.
- Astrid Puentes Riaño, UN special rapporteur on the human right to a healthy environment, stated that the advisory opinion could broaden the scope of environmental law and affirm its status as an integral part of international law.
- The ICJ opinion strengthens the legal framework underpinning States’ duties to regulate private emitters, thereby increasing pressure on corporate polluters through national laws and international climate governance mechanisms.
- The opinion is seen as another potential avenue for advancing the case for climate reparations, serving as a foundation to guide the work forward beyond COPs.
