ICJ engages Experts ahead of Advisory opinion on Climate Change Obligations

The International Court of Justice (ICJ) is set to begin hearings on December 2, addressing the legal responsibilities of states concerning climate change. These hearings follow the United Nations General Assembly’s (UNGA) request for an advisory opinion on the obligations of nations under international law to mitigate climate change. Over two weeks, more than 100 nations and organizations will present arguments, each allocated 30 minutes, as the ICJ seeks to determine financial liabilities for climate contributions and measures to prevent further environmental harm.

In March 2023, the UNGA, prompted by Vanuatu referred the matter to the ICJ to clarify the obligations of states in combating climate change. Specifically, the UNGA sought clarity on two pivotal questions: the obligations of states under international law to safeguard the environment from greenhouse gas emissions for the benefit of current and future generations, and the legal consequences for nations whose actions or omissions have significantly harmed the climate system, with a particular focus on vulnerable regions such as small island developing states and the individuals and communities most affected by climate change.

The ICJ's inquiry includes evaluating existing treaties and international legal frameworks. To ensure informed deliberations, the Court invited written statements from member states and organizations. Public hearings were scheduled after this phase to provide transparency and a platform for oral submissions. On November 26th, the ICJ engaged scientists from the UN Intergovernmental Panel on Climate Change (IPCC) to deepen its understanding of scientific findings on climate change impacts, risks, and mitigation strategies. This engagement aligns with precedents set by other judicial bodies such as the European Court of Human Rights, which incorporated scientific data in its climate-related rulings.

The ICJ's collaboration with the IPCC underscores its intent to integrate scientific insights alongside legal principles. The Court emphasized the importance of understanding anthropogenic factors contributing to climate change and the urgency of proactive measures.

In its press release, the ICJ highlighted the participation of renowned IPCC scientists, including Chair Jim Skea and key contributors to assessment reports. This interaction indicates a holistic approach, extending beyond treaty obligations to address evolving global challenges. The Court acknowledged the confidentiality of written submissions by states and organizations, instructing parties to refrain from public disclosures. However, oral arguments, beginning on December 2, will be publicly accessible through live streaming, ensuring transparency. The ICJ's forthcoming advisory opinion, though non-binding, is anticipated to influence future climate litigation and policy frameworks globally.

~Siddharth Raghuvanshi