The, ” largest case in its history” (AP), has been taken up by the top United Nations court. Earlier today the hearing for the climate change case started after many years of small islands fearing that their islands could, “disappear under rising sea waters” (AP), as many people on those islands felt that their lives were endangered.
“The hearings broadly concern the obligations of States with respect to climate change and the legal consequences of these obligations…the Court is being asked to provide clarity on international law with respect to climate change. The legal advice it provides may in turn influence any multilateral processes involving climate action” (UN News). Four months ago, the United Nations court announced that the hearing would take place today, December 2. This came after, “The U.N. General Assembly sent the case to the International Court of Justice last year, with Secretary-General António Guterres saying at the time that he hoped the opinion would encourage nations “to take the bolder and stronger climate action that our world so desperately needs” (AP).
This all came to be when, in 2021, the Pacific Island of Vanuatu announced its intention to seek an opinion on climate change from the ICJ. “Vanuatu then lobbied other countries to support this initiative and formed the core group of UN Member States to take the initiative forward in the General Assembly” (UN News). This then led to the talk on how the climate change has taken effect.
Sea levels have continued to rise, “In the decade up to 2023, sea levels have risen by a global average of around 4.3 centimeters (1.7 inches), with parts of the Pacific rising higher still” (AP).
“Ahead of the hearing, advocacy groups will bring together environmental organizations from around the world. Pacific Islands Students Fighting Climate Change — who first developed the idea of requesting an advisory opinion — together with World Youth for Climate Justice plan an afternoon of speeches, music and discussions” (ABC).
The questions raised are:
1.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:
a. 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?
b. Peoples and individuals of the present and future generations affected by the adverse effects of climate change? (UN News)
The United Nations annual climate meeting was held last month, where multiple countries came together to reach an agreement on how wealthier countries could help support the less fortunate countries. It was said that the courts would not be able to force wealthy nations to help countries that are struggling due to climate change, but the “Wealthy countries have agreed to pool together at least $300 billion a year by 2035 but the total is short of the $1.3 trillion that experts, and threatened nations, said is needed” (ABC).
In the coming days, the court will hear from 99 countries and a dozen intergovernmental organizations making this, “the largest lineup in the institution’s nearly 80-year history” (AP).
