International Court of Justice Examines Climate Change Obligations

The International Court of Justice began hearings on December 4, 2024, on the global impact of climate change, focusing on the responsibilities of UN member states. Brazil emphasized climate justice and equity, Canada noted the Arctic’s swift warming, and China advocated for fair international climate action. The court’s advisory opinion, expected in 2025, is anticipated to clarify states’ obligations in combating climate change.

On December 4, 2024, the International Court of Justice (ICJ) in The Hague commenced the second day of hearings regarding the global repercussions of climate change, particularly emphasizing its impact on Indigenous communities. With 98 countries participating in deliberations, the court aims to assess the international obligations of UN member states to mitigate climate-related threats to populations and ecosystems. The anticipated advisory opinion, expected in 2025, may elucidate the responsibilities of nations in addressing climate change and its ramifications, drawing from international environmental law and human rights treaties.

During the proceedings, Brazil’s Ambassador for Climate Change, Luiz Alberto Figueiredo, underscored Brazil’s vulnerabilities to climate-induced disasters, advocating for equity in climate responsibility through the Common but Differentiated Responsibilities and Respective Capabilities (CBDRRC) principle. He highlighted Brazil’s proactive stance, including a revised Nationally Determined Contribution aiming for a 67% reduction in emissions by 2035, thereby aiming to foster inclusivity and climate justice.

Professor Jorge Galindo, Brazil’s legal advisor, reinforced the need for developed nations to expedite their transition to net-zero emissions, alongside financial support for developing countries. He articulated the necessity of aligning international decisions with existing treaties under the UN Framework Convention on Climate Change.

Furthermore, Canada’s representative Louis Martel elaborated on the urgent challenges posed by climate change, particularly in the Arctic, where temperatures rise disproportionately compared to global rates. He emphasized the importance of a unified treaty-based approach to enhance international accountability, whilst expressing concerns regarding the application of existing environmental principles, such as the “polluter pays” doctrine.

In conclusion, China’s representative, Ma Xinmin, reiterated the call for an equitable international response to climate change, emphasizing the historical roles of nations in emissions and the need for collaboration. He criticized unilateral approaches by developed countries as detrimental to achieving collective climate goals. The hearings signify a pivotal moment for establishing clearer legal frameworks and responsibilities in the global fight against climate change.

The International Court of Justice is the principal judicial body of the United Nations, addressing disputes between states and providing advisory opinions on legal questions referred to it by UN organs and specialized agencies. Amid the ongoing climate crisis, the court’s hearings focus on the obligations of nations under international law to protect both people and ecosystems from the effects of climate change. The engagement of various countries highlights a collective acknowledgment of climate change as a pressing global challenge requiring a cooperative, equitable approach.

The hearings at the International Court of Justice underscore the urgent need for international collaboration and legal frameworks to tackle climate change effectively. Through the participation of nations like Brazil, Canada, and China, key principles such as equity, inclusivity, and differentiated responsibilities emerge as foundational elements in formulating global climate policies. The anticipated advisory opinion is expected to clarify states’ obligations and drive collective action towards sustainable solutions.

Original Source: www.ipsnews.net