UN General Assembly to seek the opinion of the ICJ on countries’ obligations to address climate change

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 A resolution adopted this week at the United Nations General Assembly in New York is being hailed as a victory for climate justice. The resolution means that the UN General Assembly will seek the opinion of the International Court of Justice (ICJ) on countries’ obligations to address climate change.

The resolution was spearheaded by the Pacific nation of Vanuatu, a country bearing the brunt of the climate crisis. Co-sponsored by more than 130 countries, the resolution states that the UN General Assembly will also seek the ICJ’s opinion on the legal consequences for states that, “by their acts and omissions”, damage the climate in such a way that it affects others, particularly small island nations who are among the most vulnerable to the effects of climate change.

Established in 1945, the ICJ is the highest UN judicial body and was set up to deal with disputes between nation states.

This is a very significant development for climate justice for present and future generations. It is the first time that the world’s highest court has been asked clarify the obligations on states to protect the climate system, and the legal consequences of failing to meet them. The scope of the resolution also invites the court to look beyond the Paris Agreement. It explicitly references key human rights instruments that the court should have regard to.  

While the ICJ’s rulings are not legally binding on countries, they do carry a lot of weight and moral authority. As such, the ICJ’s legal view is likely to add fresh and significant momentum to pushing countries to cut emissions faster and strengthen their climate-related plans and actions, including under the Paris Agreement. ICJ advisory opinions may also be cited in cases in domestic courts and will help those who bring countries or companies to court over their climate-related acts or omissions. Ultimately, a strong ICJ opinion will shape the discourse around climate action and accountability.

The right to a clean, healthy and sustainable environment is now legally recognized in 156 countries around the world.  Last year, the UN General Assembly also formally recognized this right for the first time at the international level. 

One of the key principles of the Paris Agreement is the idea of “common but differentiated responsibilities,” which means that while there's a duty on all countries to take climate action, the types of action they take will depend on their differing national circumstances. This also highlights the fact that countries are affected differently by climate change. 

UNEP

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