ICJ says countries can sue each other over climate change related damages

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On 29 March 2023, the General Assembly of the United Nations adopted resolution 77/276 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion on obligations of States under international law to ensure the protection of the climate system and e 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.

For this, court held that the legal consequences resulting from the commission of an internationally wrongful act may include the obligations of: 

(a) cessation of the wrongful actions or omissions, if they are continuing; 

(b) providing assurances and guarantees of non-repetition of wrongful actions or omissions, if circumstances so require; and 

(c) full reparation to injured States in the form of restitution, compensation and satisfaction, provided that the general conditions of the law of State responsibility are met, including that a sufficiently direct and certain causal nexus can be shown between the wrongful act and injury.

Eventhouth the advicory is non-binding, legal experts say it could have wide-ranging consequences.

About ICJ:

The International Court of Justice (ICJ; French: Cour internationale de justice, CIJ), or colloquially the World Court, is the principal judicial organ of the United Nations (UN). It settles legal disputes submitted to it by states and provides advisory opinions on legal questions referred to it by other UN organs and specialized agencies. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. It is one of the six principal organs of the United Nations.

Established in June 1945 by the Charter of the United Nations, the Court began work in April 1946. It is the successor to the Permanent Court of International Justice (PCIJ), which was established by the League of Nations in 1920. Its founding statute is an integral part of the UN Charter and draws heavily from that of its predecessor. All UN member states are automatically parties to the ICJ Statute. However, the Court's jurisdiction in contentious cases is founded upon the consent of the states party to a dispute, which may be given through special agreements or declarations accepting the Court's compulsory jurisdiction.

The Court is composed of a panel of 15 judges elected by the UN General Assembly and Security Council for nine-year terms. The composition of the bench is required to represent the "main forms of civilization and the principal legal systems of the world," and no two judges may be nationals of the same country. The ICJ is seated in the Peace Palace in The Hague, Netherlands, making it the only principal UN organ not located in New York City. Its official working languages are English and French.

ICJ, BBC, Wikipedia

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