International Court of Justice close to giving guidance on how will rule on climate

Here’s a note from Andreas Rasche:

The International Court of Justice (ICJ) is in the process of producing an Advisory Opinion on the “Obligations of States in respect of Climate Change”. It has received 62 written comments by the 15 August 2024 deadline. The public hearings will open 2 December 2024.

The Advisory Opinion was requested by the UN General Assembly on 29 March 2023, following a push by global coalition of States led by the Republic of Vanuatu. While such an Opinion is non-binding, it will give a strong indication of how the Court will interpret future climate-related questions and guide legislative development.

The Advisory Opinion is asked to answer two essential questions (see details in the press release):

– “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 emissions of greenhouse gases for States and for present and future generations?”

– “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?”

Finally, climate-related discussions become more tied towards legal debates. Earlier this year, the European Court of Human Rights accepted the argument that States have an obligation to ensure climate action and that climate change is also a human rights matter.