The ICJ began hearings in a case that seeks its advisory opinion on the obligations of countries on climate change under existing international laws, and the legal consequences of those obligations.
Key Highlights of the Case
- Objective: To hold the developed countries to account for their climate responsibilities, the developing nations have taken their concerns to ICJ and to clarify legal consequences for breaches of their obligations.
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Vanuatu
- Vanuatu is an island nation located in the South Pacific Ocean.
- It comprises a chain of 83 islands, stretching for 1,300 kilometers.
- The capital and largest city is Port Vila, located on the island of Efate.
- Vanuatu is known for its stunning natural beauty, including active volcanoes, pristine beaches, and coral reefs.
- It is a popular destination for diving, snorkeling, and other water sports.
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- Initiated by Vanuatu in 2021, supported by the youth group Pacific Island Students Fighting Climate Change.
- Gained momentum with a resolution adopted by the UN General Assembly on 29 March 2023, co-sponsored by 132 countries.
- The resolution referred to international legal instruments such as the Paris Agreement and the Universal Declaration of Human Rights.
- Officially transmitted to the ICJ by the UN Secretary-General in April 2023.
- Questions posed to the court include:
- Obligations of States to mitigate human-caused greenhouse gas emissions.
- Legal implications for harm caused to vulnerable nations and future generations.
Climate Litigation
- Climate litigation refers to legal actions taken to address climate change and its impacts.
- It involves individuals, organizations, or governments filing lawsuits against entities responsible for greenhouse gas emissions or climate-related harm.
- Examples of Climate Litigation:
- Urgenda Case (Netherlands): A landmark case where Dutch citizens successfully sued the government for insufficient climate action.
- Juliana v. United States: A youth-led lawsuit alleging that the US government’s actions on climate change violate the plaintiffs’ constitutional rights to life, liberty, and property.
- Climate Litigation in India: India has a robust legal framework for environmental protection, including provisions for climate litigation.
- The National Green Tribunal (NGT) is a specialized tribunal for environmental matters, empowering citizens to seek redressal for environmental harm.
- Landmark Climate Litigation Cases in India:
- Ridhima Pandey v. Union of India: A young climate activist sued the government for inadequate climate action, highlighting the rights of future generations.
- Cases against Thermal Power Plants: Numerous cases have been filed against thermal power plants for air pollution and greenhouse gas emissions, leading to stricter environmental regulations.
- Public Interest Litigation (PIL): PILs have been instrumental in challenging government policies on climate change mitigation and adaptation, leading to increased focus on renewable energy and sustainable development.
- Cases related to Forest Conservation and Biodiversity: Cases have been filed to protect forests, wildlife, and biodiversity, which are crucial for climate mitigation and adaptation.
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Significance of the Case
- Largest case in ICJ history with:
- 91 written statements and 62 comments submitted.
- Participation from 97 States and 11 international organizations.
- Critical for small island developing States facing severe climate change impacts.
- Highlights urgency following COP29 criticism over insufficient climate finance commitments.
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Obligation for Developed Countries as per Paris Agreement
- Mitigation: Developed countries are obligated to undertake absolute economy-wide emission reduction targets.
- Finance: They must provide financial resources to developing countries to help them mitigate and adapt to climate change.
- Technology Transfer: Developed countries should promote the development and transfer of climate-friendly technologies to developing nations.
- Capacity Building: They should support capacity building in developing countries to enhance their ability to address climate change.
- Transparency and Accountability: Developed countries must regularly report on their climate actions and progress towards their targets.
Threat to Small Island Nation
- Sea Level Rise: The most immediate threat is the rising sea level, which can erode coastlines, inundate low-lying areas, and contaminate freshwater supplies.
- Low-lying island nations like Maldives are particularly vulnerable to this threat.
- Extreme Weather Events: More frequent and intense hurricanes, cyclones, and typhoons can cause widespread damage to infrastructure and ecosystems. Small island nations, with their limited resources, struggle to recover from such events.
- Ocean Acidification: Increased carbon dioxide absorption by the ocean leads to acidification, harming marine ecosystems, particularly coral reefs, which are vital for tourism and fisheries.
- Water Scarcity: Changes in rainfall patterns can lead to droughts, affecting agriculture and water availability.
- Food Security: Climate change impacts on agriculture, fisheries, and tourism can compromise food security and economic stability.
Additional Reading: ICJ On Climate Right In India
December 4, 2024
