The International Court of Justice (ICJ) announced Friday that it will begin public hearings on December 2, 2024, for its advisory opinion on states’ obligations regarding climate change.
The United Nations General Assembly (UNGA) adopted by consensus a 2023 resolution seeking an advisory opinion from the ICJ on states’ climate change obligations. The UNGA’s request encompasses two pivotal questions: What are the climate change obligations of states under international law, and what are the legal consequences if a state causes environmental damage that harms both vulnerable small island developing states and present and future generations?
In its inquiry, the UNGA has urged the ICJ to consider environmental obligations as delineated under various international frameworks, including the UN Charter, the Paris Agreement, and the Universal Declaration of Human Rights. By integrating human rights instruments, the UNGA highlights the potential human rights dimensions of climate change obligations.
This impending oral hearing marks the third climate change-related advisory opinion presented to international courts in the past year, reflecting ongoing international legal developments. For instance, earlier this year, the International Tribunal for the Law of the Sea issued an opinion that defined greenhouse gas emissions as a form of marine pollution, advising states to “take all necessary measures to prevent, reduce and control marine pollution from greenhouse gas emissions.” Additionally, the Inter-American Court of Human Rights began hearings on Latin American states’ human rights obligations to manage climate change, with a decision anticipated by the end of 2024.
This latest announcement follows a year-long written submission process. The ICJ has received the highest number of submissions ever for an advisory opinion, totaling 91 written submissions and 62 rebuttals. This significant engagement underscores the advisory opinion’s potential impact on international climate change obligations. The ICJ will decide whether and when to release these submissions, which would be made available after the oral proceedings begin.
Although ICJ advisory opinions are not legally binding on UN member states, they are considered authoritative legal documents. The unanimous consensus in adopting the resolution recommending this advisory opinion lends substantial weight to the potential outcome and could significantly influence international climate policy.
For further details, you can access the full article here.