Blog by Francesca Gugino, Junior Associate
Beginning on December 2, 2024, the International Court of Justice (ICJ) has started its hearing regarding States’ obligations to climate change under international law[1]. The hearings will continue through December 13th in The Hague, as ICJ focuses on clarifying the consequences for breach of States’ climate change obligations[2].
The proceedings are based on a request for an advisory opinion submitted in March 2023, following the adoption of UN General Assembly Resolution 77/276[3]. The Resolution adopted by the UN General Assembly on March 29, 2023, acknowledges the threat of climate change on all aspects of life: society, culture, economics etc.[4] The resolution starts out with a strong and engaging sentence “climate change is an unprecedented challenge of civilizational proportions and that the well-being of present and future generations of humankind depends on our immediate and urgent response to it”[5]. The resolution seeks guidance from ICJ in order to help safeguard future generations and mitigate the adverse human health and environmental impacts of anthropogenic climate change, particularly focusing on the vulnerabilities of small island states.[6]
The request was inspired by Vanuatu’s grassroots movement; it gained support from several countries including Costa Rica, Germany and Bangladesh, leading to its gained traction[7]. The advisory opinion, expected in 2025, is the result of years of campaigning by Vanuatu, Pacific Island nations, and global youth movements[8]. Over 100 countries and international organizations will participate in the hearings, each delivering their arguments on States’ responsibilities regarding climate change under international law[9].
The ICJ will consider the following key questions:
- What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic [human caused] emissions of greenhouse gases for States and for present and future generations;
2.What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
- States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specifically affected by, or are particularly vulnerable to, the adverse effects of climate change?
- Peoples and individuals of the present and future generations affected by the adverse effects of climate change?[10]
The ICJ will issue an advisory opinion, which although it is non-binding international law, will carry moral authority, influence future legal cases, and guide climate actions by states[11].
[1] Landmark climate change hearings represent largest ever case before UN world court, Uɴɪᴛᴇᴅ Nᴀᴛɪᴏɴs. (Dec. 2, 2024), https://news.un.org/en/story/2024/12/1157671.
[2] Id.
[3] Rahel Helmhart, ICJ holds hearings on states’ legal obligations regarding climate change, JURISTɴᴇᴡs, (Dec. 2, 2024, 07:55:36 am) https://www.jurist.org/news/2024/12/icj-holds-hearings-on-states-legal-obligations-with-respect-to-climate-change/.
[4] G.A. Res. 77/276 (Apr. 4, 2023).
[5] Id.
[6] Supra note 3.
[7] Id.
[8] Historic Climate Justice Hearings Begins at the World’s Highest Court, Cᴇɴᴛᴇʀ ғᴏʀ Iɴᴛᴇʀɴᴀᴛɪᴏɴᴀʟ Eɴᴠɪʀᴏɴᴍᴇɴᴛᴀʟ Lᴀᴡ, (Dec. 2, 2024) https://www.ciel.org/news/historic-climate-justice-hearings/.
[9] Id.
[10] Supra note 1.
[11] Id.