Philippines and Bangladesh Urge ICJ to Define Climate Change as International Law Violation

The Philippines and Bangladesh are urging the International Court of Justice to declare climate change a violation of international law. Their arguments highlight the legal obligations of states to prevent transboundary harm linked to climate change, particularly for vulnerable countries. A strong ICJ advisory opinion may clarify these responsibilities and impact future climate negotiations, especially ahead of COP30, emphasizing the urgent call for reparations and accountability from major emitters.

In a significant move at the International Court of Justice (ICJ), the Philippines and Bangladesh have called for the recognition of climate change as a transgression of international law. As the hearings enter their final week in The Hague, these nations emphasize that climate-related damages violate established laws among countries. The efforts come on the heels of unsatisfactory climate finance outcomes from COP29, igniting calls for reparations for nations most vulnerable to climate impacts, exemplified by statements from student groups and small island states advocating for clarification of state responsibilities in addressing climate change.

During the hearings, the Philippines articulated that adherence to customary international law mandates states to prevent transboundary harm, underscoring a legal obligation to protect both their environments and those beyond their borders. Moreover, the Philippines introduced the concept of the “writ of kalikasan,” which provides constitutional rights to a healthy environment, suggesting that a similar mechanism could be incorporated globally to address environmental damage. Conversely, Bangladesh positioned climate change as a human rights dilemma where the inadequacies of COP29 amplify the need for judicial clarity regarding responsibilities, particularly targeting major polluters.

The impact of climate change is acutely felt in both nations, with the Philippines suffering an increase in devastating typhoons and Bangladesh experiencing perilous storms. In this context, legal experts and environmental advocates hope that a robust advisory opinion from the ICJ could delineate nations’ responsibilities during climate negotiations, particularly ahead of the upcoming COP30 summit in Brazil. Observers believe this could aid vulnerable nations in demanding accountability from polluters and bolster support for loss and damage funding, critical for those affected by climate change.

While some top emitters argue sufficient legal frameworks are in place to address these issues, various stakeholders maintain that a strong advisory opinion from the ICJ may clarify obligations under international law, potentially offering legal recourse for countries like the Philippines and Bangladesh. This clarification could be instrumental in fueling negotiations and ensuring that climate justice becomes a priority in future international agreements, cementing the path towards an equitable global response to the escalating climate crisis.

The current legal proceedings at the International Court of Justice (ICJ) represent a pivotal moment in the struggle for climate justice as the Philippines and Bangladesh strive to hold larger emitting nations accountable for their contributions to climate change. With increasing weather-related disasters affecting developing nations, there is an urgent need to establish clear legal frameworks governing state responsibilities in fostering a safe and sustainable environment. The prior COP29 climate negotiations highlighted the inadequacies in developing nations’ calls for climate finance, reinforcing the need for judicial interventions to clarify the obligations of states under international law.

The call for the ICJ to officially recognize climate change as a breach of international law by the Philippines and Bangladesh symbolizes a critical juncture in the fight for climate reparations. This initiative not only addresses the urgent realities faced by vulnerable nations but also seeks to reshape international legal frameworks governing state responsibilities regarding climate action. As the ICJ prepares to deliver its advisory opinion, the outcome could play a vital role in influencing future climate negotiations and holding major polluters accountable.

Original Source: www.eco-business.com