International Court of Justice. Historic Climate Change Hearings Begin at International Court Climate and Environment
The International Court of Justice began open hearings on Monday to consider a request for an advisory opinion on the obligations of states on climate change. Ninety-eight states and 12 international organizations have confirmed their participation in the debate, which will last until December 13.
The impetus for such a process was provided by the UN General Assembly resolution adopted on 29 March 2023. The document provides for a request for an advisory opinion on the legal obligations of states to protect the climate system and reduce greenhouse gas emissions. In addition, it concerns the legal consequences for states that have caused significant damage to the environment, especially in the context of the consequences for vulnerable small island developing states, as well as for future generations across the planet.
The resolution is based on a number of international legal documents, including the UN Charter, the Paris Climate Agreement and the Universal Declaration of Human Rights. The request raises key questions:
1. What are the obligations of states under international law to protect the climate for present and future generations?
2. What are the legal consequences for States whose acts or omissions have caused significant harm to the environment??
Advisory Opinions
Although the ICJ’s advisory opinions are not legally binding, they carry considerable moral and legal authority. Such opinions offer authoritative interpretations of international law, guiding global and national policies. Since 1946, the Court has issued 29 advisory opinions, the most recent of which concerned the legal consequences of Israeli policies in the Occupied Palestinian Territories.
The current hearings aim to clarify international legal obligations on climate change. They could be a significant step in the fight against the global climate crisis and will strengthen the protection of the world’s most vulnerable people.