The case on global responsibilities toward climate action, especially to protect vulnerable Small Island States (SIDs) was led by the Pacific Island nation of Vanuatu and supported by more than 130 countries.
- In 2023, the UN General Assembly adopted a resolution requesting the ICJ to issue an advisory opinion on:
- States’ obligations under international law to protect the environment
- Legal consequences for failing to meet these obligations
Key Highlights of ICJ Ruling
- Clean, Healthy, and Sustainable Environment is Human Rights: States are bound by treaties like the Universal Declaration of Human Rights and must act on climate change to protect these rights.
- States Obliged to Limit Emissions: States must prevent harm from greenhouse gas (GHG) emissions, and ensure meeting the Paris Agreement target of limiting global warming to 1.5°C above pre-industrial levels.
- Global temperatures have already increased by 1.3°C since pre-industrial times.
- Consequences for Non-Compliance: If states fail to meet obligations, they:
- incur legal responsibility and may be required to cease the wrongful conduct, and
- may be required to offer guarantees of non-repetition, and make full reparation depending on the circumstances.
Some countries, like the US and Russia, have opposed any court-mandated emission cuts. But ICJ’s opinion adds growing legal pressure.
International Court of Justice (ICJ)
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