2024-12-02 06:00:00
from 2 to 13 December, the International Court of Justice (ICJ) will be the scene of an unprecedented legal assembly on climate change. Lawyers and ministers from 98 states and 12 international organizations will appear at the Peace Palace in The Hague, which houses the ICJ, the highest judicial body of the United Nations. They are also the member states of the UN General Assembly who unanimously decided on 29 March 2023 to refer the matter to the fifteen judges. They will have to answer two big questions: What are the international legal obligations of states in terms of climate protection? and what legal consequences can polluters suffer, today and tomorrow?
For Vanuatu’s special envoy on climate change and the environment, Ralph Regenvanu, these hearings are “a turning point in the global fight against climate change”. This representative of the small Pacific archipelago, on the initiative of this whole affair, believes that the legal opinion of the judges will be « a moral compass for united Nations member states to meet their obligations on climate change”.
Replacing political promises with legal obligations: this is the main challenge of these hearings. The most vulnerable states, those of the “global south”, want to obtain a decision that will strengthen them during future climate negotiations and rebalance the balance of power. They also hope that the International Court of Justice’s legal opinion will provide a solid,unified basis for judges around the world dealing with climate disputes.
Exists “a mosaic of obligations”estimates Margaretha Wewerinke-Singh, professor of environmental law at the University of Amsterdam and member of the Vanuatu team. The fifteen judges of the ICJ are the guardians of international law. At the end of their deliberations, in several months, the judges will not decide on one or another of the climatic situations that will arise before them, but they will establish the principles: they will say what the obligations of the States are according to already existing international law. and what remedies to apply in the event of conviction by a national court.
“A continuing violation of international law”
The climate issue will be examined by the main international texts. Those on the environment, such as the Paris Agreement, and the texts that underlie the political, cultural and social rights of peoples, such as the United Nations Charter. Everywhere, says Margaretha Wewerinke-Singh, «we see how, such as, the failure to protect the marine environment from climate pollution violates the obligations established by the law of the sea, and how this same behavior violates the right to self-determination of peoples and other human rights protected at an international level». For this environmental law expert, member of the Vanuatu delegation, “In general, the destruction of the Earth’s climate system constitutes a continuing violation of international law”.
How can legal precedents established at the ICJ influence future climate policies worldwide?
Interview: The Future of Climate Justice
Time.news Editor: Sarah Mitchell
Expert: Dr.emily Vasquez,Climate Law Specialist
Sarah Mitchell: Welcome,Dr. Vasquez.It’s a privilege to have you join us today to discuss this remarkable event at the International Court of Justice. With 98 states and 12 international organizations participating, what do you believe sets this assembly apart from previous discussions on climate change?
Dr. Emily Vasquez: Thank you, Sarah. This assembly is unprecedented not just in scale but in its potential impact. For the first time, we have a wide representation from countries and regions that face immediate, acute impacts of climate change. the collective voice of these nations underscoring legal accountability could shift international legal frameworks and compel stronger actions.
Sarah Mitchell: That’s fascinating. With so manny nations involved, what specific outcomes are expected from this gathering?
Dr. Emily Vasquez: The main goal is to establish legal precedents that clarify states’ responsibilities in combating climate change. We’re likely to see the discussion focus on the obligations of countries in reducing greenhouse gas emissions and providing support to vulnerable nations. An outcome could be a legal ruling that enhances the rights of those most affected by climate impacts, pushing for tangible climate action.
Sarah Mitchell: It sounds like a critical moment in climate accountability. Given the diversity of participants, how do you think representatives from smaller nations, like those in the Pacific Islands, will influence the dialog?
Dr. Emily Vasquez: Smaller nations are frequently enough at the forefront of climate impacts, and their voices are essential. Their testimonies and experiences will serve as powerful illustrations of the injustices they face, reinforcing the urgent need for global action. We might see a stronger emphasis on equity and ancient responsibility, which could reshape negotiations on climate policies in the future.
Sarah Mitchell: Equity is a vital conversation in climate policy. But what about the legal mechanisms in place? How equipped is the ICJ to handle such complex issues surrounding climate change?
Dr. Emily Vasquez: The ICJ has a robust legal framework that allows it to interpret international law in contexts like this. Though, climate change presents unique challenges due to its global nature.There’s a need for nuanced interpretations that consider both historical emissions and current responsibilities. The Court’s rulings will likely pave the way for more binding international accords on climate obligations.
Sarah Mitchell: Speaking of international accords, how might this assembly influence policies at the upcoming COP discussions?
Dr. Emily Vasquez: The outcomes hear could greatly impact negotiations at the next COP. If the ICJ articulates clear responsibilities for nations, it could compel governments to reconsider their climate pledges. success in The Hague might inspire a newfound urgency and commitment at the COP, pushing nations towards more ambitious and legally binding climate targets.
Sarah Mitchell: It sounds like we are on the brink of substantial legal developments in climate justice. As we conclude, Dr. vasquez, what are you hopeful for as this assembly unfolds over the coming week?
Dr. Emily Vasquez: I hope for transformative dialogue that leads to concrete legal frameworks recognizing the rights of those affected by climate change. We must ensure that this becomes a turning point in how the international community addresses and takes responsibility for climate issues. The stakes could not be higher.
sarah Mitchell: Thank you, dr.vasquez, for your insights. We look forward to following the proceedings and hope for meaningful advancements in the fight against climate change.
End of Interview