Search
Close this search box.

ICJ Ruling on Climate Accountability to Influence Future Lawsuits, Experts Say

The hague: The International Court of Justice (ICJ) ruled on Wednesday that states can be held accountable for climate harm, a decision that some experts believe will shape future climate lawsuits around the world.

According to Anadolu Agency, Christina Voigt, a law professor at the University of Oslo, stated that this is the first instance where the ICJ has addressed the legal obligations of states concerning climate change. In a case brought by Vanuatu, a Pacific island nation facing threats from rising sea levels, the ICJ ruled that states are obligated to protect the environment from greenhouse gas emissions. The ruling emphasizes that states must act with due diligence and cooperation to fulfill this duty.

The ICJ specified that countries listed in Annex I to the UN Framework Convention on Climate Change have additional responsibilities. These include leading efforts to limit emissions and enhancing carbon sinks and reservoirs. Voigt highlighted the significance of this decision, explaining that it clarifies the climate responsibilities of states under international treaties and customary law, ensuring effective climate action.

The court also underlined the necessity for cooperation among states to achieve the goals of the UN Climate Convention and comply with the provisions of the Kyoto Protocol. Voigt noted the case attracted an unprecedented number of participating states and international organizations during both the written and oral stages, dubbing it the "biggest case in the world" due to high expectations.

Moreover, the ICJ ruled that states under the Paris Agreement must take adequate steps to meet their temperature targets. The advisory opinion referenced major treaties such as the Ozone Layer Conventions, the Convention on Biological Diversity, and the Desertification Convention, stressing their importance, particularly in drought-affected African countries.

Jorge Vinuales, a professor of law and environmental policy at the University of Cambridge, remarked that the court essentially sided with the Global South and small island developing states. He explained that the court's conclusions regulate conduct, covering not only emissions of greenhouse gases but also the production of fossil fuels and fossil fuel subsidies.

Vinuales emphasized that climate justice is governed by the general international law of state responsibility, which provides solutions for arguments aimed at escaping liability for climate harm. Voigt concluded by stating that the decision requires further unpacking and action, making it clear that states with the capacity and responsibility for high greenhouse gas emissions have a duty to act with enhanced due diligence.