ICJ climate ruling shapes future climate lawsuits

(MENAFN)
The International Court of Justice (ICJ) delivered a landmark ruling on Wednesday affirming that states can be held legally responsible for climate-related harm, a decision experts believe will influence future climate litigation worldwide.

Christina Voigt, a law professor at the University of Oslo, told Anadolu that this is the first time the ICJ, the highest global court, has addressed states’ legal obligations regarding climate change. The case, brought by Vanuatu—a Pacific island nation vulnerable to rising sea levels—established that states must protect the environment from greenhouse gas emissions and act diligently and cooperatively to fulfill this duty.

The court highlighted that states listed in Annex I of the UN Framework Convention on Climate Change have extra responsibilities to lead by reducing emissions and enhancing carbon sinks. Voigt noted the ruling is important because it clarifies states’ responsibilities under international treaties and customary law, reinforcing the need for effective climate action.

The ICJ also stressed the significance of international cooperation in meeting the goals of the UN Climate Convention and complying with the Kyoto Protocol. The case saw an unprecedented number of participating states and organizations, making it one of the largest and most anticipated cases globally.

Additionally, the court ruled that states under the Paris Agreement must take adequate measures to achieve their temperature targets.

The advisory opinion referenced key treaties such as the Ozone Layer Conventions, the Convention on Biological Diversity, and the Desertification Convention—especially relevant to drought-affected regions in Africa.

Voigt explained that the ICJ’s approach integrates various sources of international law, promoting harmony and consistency. The court applied not only UN climate treaties but also human rights law, law of the sea, and customary international law, emphasizing states’ duty of strict due diligence on climate matters.

Jorge Vinuales, a law and environmental policy professor at the University of Cambridge, said the court effectively sided with the Global South and small island developing states. He noted the ruling regulates conduct beyond emissions, including fossil fuel production and subsidies.

He highlighted that climate justice is grounded in general international law on state responsibility, providing frameworks to counter attempts to evade liability for climate damage.

Voigt described the ruling as monumental, requiring further discussion and reflection, but most importantly, it demands action. She stressed that states with greater capacity and responsibility for emissions have a heightened duty to act with due diligence.

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