The hearings are part of the court’s process of issuing advisory opinions, aimed at clarifying states’ legal obligations under international law and the consequences of violating them.
They are scheduled to take place from December 2 to December 13 in The Hague, Netherlands.
Here are five things you need to know about the historic proceedings:
1. What is the hearing about?
The hearings dealt broadly with states’ obligations regarding climate change and the legal consequences of these obligations. They are important because they represent the efforts of the international community to provide a legal framework to address climate change.
Put more simply, the Court is being asked to provide clarity on international law relating to climate change. The legal advice it provides could in turn influence any multilateral process related to climate action.
The two key questions posed by the Court are as follows:
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 human impacts? [human caused] greenhouse gas emissions for countries 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, related to:
One. States, including in particular small island developing States, which, because of their geographical situation and level of development, are particularly vulnerable or affected or particularly vulnerable to the impacts Disadvantages of climate change?
b. Are current and future generations of peoples and individuals affected by the negative impacts of climate change?
Children on a Pacific island stand in an area hit hard by rising sea levels and coastal erosion.
2. How did this case come to the ICJ?
In September 2021, the Pacific island of Vanuatu announced its intention to seek an advisory opinion from the Government. ICJ about climate change. It explains that this initiative, driven by the youth group Pacific Island Students Against Climate Change, is necessary because of its vulnerability and that of developing small island States. other developments in the face of climate change and the need for increased action to address the global climate crisis.
Vanuatu then mobilized other countries to support the initiative and established a core group of United Nations member states to proactively launch the initiative at the General Assembly.
Discussions within the core group led to the development of A/RES/77/276 resolutionwas finally adopted by the General Assembly on 29 March 2023. A total of 132 countries co-sponsored the resolution.
The resolution is based on “special attention” to UN Charterfemale International Covenant on Civil and Political Rightsfemale International Covenant on Economic, Social and Cultural RightsUnited Nations Framework Convention on Climate Change, Paris AgreementUnited Nations Convention on the Law of the Sea and the rights recognized therein Universal Declaration of Human Rights“the principle of preventing significant harm to the environment and the obligation to protect and preserve the marine environment”.
This request was transmitted to the Court by the Secretary-General of the United Nations in a letter dated 12 April 2023.
3.Who has the authority to request an advisory opinion and what happens next?
Consultation procedures are open only for 5 UN agencies and 16 UN specialized agencies. While the United Nations General Assembly and Security Council may request an advisory opinion on “any legal matter”, other UN agencies and specialized agencies may do so only on “legal issues arising within the scope of its activities”. The majority of advisory opinions were requested by the United Nations General Assembly.
According to the regulations, competent organizations and states participating in the proceedings must submit written statements, followed by written comments on other statements made if the Court considers it necessary.
The Court will decide whether to hold oral proceedings, after which an advisory opinion will be issued after the Court session.
4.Why is this case so important?
This is the biggest case the world court has ever seen, with 91 written statements filed with the court registry along with 62 written opinions on these statements sent before the court’s extended deadline of August 15, 2024.
A similarly record number of 97 countries and 11 international organizations are expected to participate in the trial. These hearings are an opportunity for countries and organizations to develop their written statements and testify in person.
The proceedings are of particular importance to the small island developing States that initially took the stand. It is worth noting that they come just a week after developing countries criticized an agreement at the COP29 ARRIVE providing 300 billion USD per year on climate finance by 2035, called the deal “insulting” and said it did not provide them with the critical resources they need to truly address the complexity of the climate crisis.
“We are literally sinking,” a representative said after COP29, pointing out that the agreement highlights “our vulnerable countries are in a very different boat than developed countries”.
With small island developing states facing some of the worst effects on climate change, these hearings are important for establishing a stronger accountability framework that sets out clear international legal obligations for climate action.
The towers and gables of the Peace Palace, headquarters of the International Court of Justice (ICJ) in The Hague.
5. What effect can an advisory opinion have?
Unlike rulings in contested cases, the Court’s advisory opinions are not binding. They clarify legal questions. The requesting body, agency or organization – in this particular case the General Assembly – remains free to decide, if it sees fit, how to give effect to the comments This.
However, despite being non-binding, advisory opinions still have “an authoritative value and cannot be ignored,” according to the ICJ Registry in a recent report. interview with UN News. They have immense moral authority by what is considered the world’s highest court and the United Nations’ principal judicial organ.
This opinion on climate change could help inform subsequent judicial proceedings such as domestic lawsuits, influence the diplomatic process, and will likely be cited in rows. thousands of climate-related lawsuits around the world, including those in which small island states are seeking compensation from developed nations for historic losses. climate damage, according to a media source.
UN Secretary General António Guterres has said such comments will help the General Assembly, the United Nations and member states “take on the bolder and stronger climate action that our world desperately needs”.
“It can also guide the actions and conduct of nations in relation to each other as well as towards their own citizens. This is necessary,” he emphasized.
