The court’s procedure of delivering an advisory opinion that will elucidate states’ legal duties under international law and the repercussions for violating them includes hearings. They will be held at the Hague, Netherlands, from December 2 to December 13. In general, the hearings focus on states’ responsibilities regarding climate change and the resulting legal ramifications. They are important because they reflect the efforts of the global community to develop a legal framework to deal with climate change. In other words, the Court is being requested to clarify international law concerning climate change. Its legal counsel might thus have an impact on any multinational climate action efforts.
UN court hosts historic climate hearings
The Pacific island nation of Vanuatu said in September 2021 that it will ask the ICJ for an advisory opinion on climate change. It explained that its vulnerability to climate change, along with that of other small island developing States, and the need for more action to address the global climate crisis were the driving forces behind this initiative, which had been spearheaded by the youth group Pacific Island Students Fighting Climate Change. Vanuatu then organized the core group of UN Member States to forward the motion in the General Assembly and persuaded other nations to support it. Resolution A/RES/77/276 was developed as a result of the core group’s talks and was ultimately approved by the General Assembly on March 29, 2023. The resolution was co-sponsored by 132 nations. The UN Framework Convention on Climate Change, the Paris Agreement, the UN Convention on the Law of the Sea, the UN Charter, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, and the rights recognized in the Universal Declaration of Human Rights were all cited in the resolution, along with “the principle of prevention of significant harm to the environment and the duty to protect and preserve the marine environment.”
Largest climate change case in history
Only five UN bodies and 16 UN specialized agencies are permitted to participate in advisory hearings. The other UN bodies and specialized organizations can only solicit advisory views on “legal questions arising within the scope of their activities,” while the UN General Assembly and Security Council may do so on “any legal question.”The UN General Assembly has asked for the majority of advisory views. Organizations and States authorized to take part in the proceedings often submit written statements, and if the Court deems it essential, they also submit written comments on the other statements. The Court will choose whether to undertake oral hearings, and following a court session, the advisory opinion will be delivered. With 91 written statements submitted to the court’s registry and 62 written comments on these statements submitted by the court’s extended deadline of August 15, 2024, this case is the biggest the international court has ever seen. Eleven international organizations and a record-breaking 97 States are expected to take part in the oral hearings. Countries and organizations have the opportunity to speak directly and expand on their written remarks during these hearings.
World court tackles environmental justice
For the small island developing states that first pressed for the opinion, the procedures are especially significant. Notably, they come just one week after developing countries denounced a COP29 agreement to provide $300 billion annually in climate finance by 2035, calling it “insulting” and claiming it did not provide them with the essential resources they need to adequately tackle the complexity of the climate crisis. Following COP29, one official declared, “We are sinking,” citing the agreement’s emphasis on “what a very different boat our vulnerable countries are in, compared to the developed countries.” These hearings are essential to creating a more robust framework of responsibility that lays out explicit international legal requirements for climate action since small island developing states are already dealing with some of the harshest effects of climate change.
Historic ruling on climate crisis expected
In contrast to rulings in cases that are controversial, the Court’s advisory opinions are not legally binding. They provide clarification on legal issues. It is up to the seeking organ, agency, or organization in this case, the General Assembly to determine how to implement these opinions. Nonetheless, the ICJ Registrar stated in a recent interview with UN News that advisory opinions have “an authoritative value and cannot be neglected” even though they are not legally enforceable. Being the major judicial body of the United Nations and regarded as the highest court in the world, they carry a significant deal of moral power. According to one media outlet, this viewpoint on climate change can influence the diplomatic process, inform future legal proceedings like domestic cases, and probably be referenced in thousands of climate-related lawsuits worldwide, including those in which small island states are suing developed countries for historic climate damage. The General Assembly, the UN, and Member States will be able to “take the bolder and stronger climate action that our world so desperately needs” with the support of such an opinion, according to UN Secretary-General António Guterres.
