Developed countries may now face lawsuits over climate change, according to the latest International Court of Justice (ICJ) opinion.
The International Court of Justice (ICJ) has issued an advisory opinion on the Obligations of States in respect of Climate Change, a significant milestone for climate justice, according to Danilo Garrido, Legal Counsel at Greenpeace International.
The opinion, requested by the UN General Assembly (UNGA) in 2023, emphasizes the international legal obligations of developed nations to reduce greenhouse gas (GHG) emissions and support climate change adaptation.
Specifically, developed states are legally required to take timely and effective actions to reduce GHG emissions, apply precautionary and due diligence principles to avoid foreseeable climate harms, cooperate internationally, undertake adaptation measures, and respect human rights by ensuring a clean, healthy, and sustainable environment.
These obligations are substantive, legally binding, and enforceable, rejecting any perception of them as mere aspirational goals. Breach of these responsibilities triggers international legal consequences, including cessation, guarantees of non-repetition, and reparations.
Danilo Garrido believes that the ICJ advisory opinion could provide a legal framework for addressing climate change impacts on developing countries. He suggests that it could open the door for new legal cases related to climate change and lead to potential legal action by developing countries against wealthy nations for failure to meet their climate obligations.
The ICJ opinion also highlights the need for adaptation and cooperation among Paris Agreement parties, including through technology and financial transfers. Developed nations have an additional obligation to lead in combating climate change by limiting their GHG emissions and enhancing their sinks and reservoirs.
As of the ICJ opinion, nearly all countries have signed the Paris Agreement, although the U.S. has initiated proceedings to withdraw from the accord. Countries that are parties to the Paris Agreement have an obligation to prepare and maintain climate plans collectively enabling the agreement's goal to limit global warming to 1.5°C above pre-industrial levels.
The ICJ advisory opinion does not specify any particular consequences for breaches of climate obligations, but it is expected to have significant implications for wealthy nations. The opinion could potentially lead to increased accountability for nations in meeting their climate obligations and bringing justice to those affected by climate change who have contributed least to its causes.
[1] Source: ICJ Advisory Opinion on Obligations of States in respect of Climate Change [2] Source: UNFCCC and Paris Agreement [3] Source: Customary International Law
- The ICJ advisory opinion on Climate Change emphasizes that developed nations have legally binding obligations to reduce greenhouse gas emissions and support climate change adaptation, which are enforceable under international law.
- The opinion also highlights the need for developed nations to take timely and effective actions in regards to climate change, as any breach of these responsibilities could lead to international legal consequences such as cessation, guarantees of non-repetition, and reparations.
- With the ICJ opinion, environmental science and policy-and-legislation surrounding climate change have gained significant attention in general news, as it provides a framework for addressing climate change impacts on developing countries and potentially leads to legal action by these countries against developed nations.
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