The climate change has reached the International Court of Justice through the UN General Assembly. They requested an advisory opinion to clarify the legal obligations of States regarding global warming under international law.
They also inquired about the consequences of non-compliance. The hearings are scheduled from December 2 to 13 in The Hague (Netherlands), where the Court is located.
This will generate a record number of oral statements from States, making this process the largest case presented to an international court.
Climate change in the International Court: what are the hearings about
The hearings generally address the obligations of States in relation to climate change and the legal consequences of those obligations. They represent the international community’s efforts to establish a legal framework to address climate change.
In this context, the Court must clarify the scope of international law on climate change. That opinion will later influence any multilateral process related to combating this human-induced phenomenon.
The Court’s decision is based on two central questions posed to the Tribunal:
- What are the obligations of States to ensure the protection of the climate system and other parts of the environment for present and future generations?
- What are the legal consequences for States, due to their acts and omissions, causing significant harm to the climate system and other parts of the environment?
This second question should clarify, in particular, the consequences of damages caused to developing island States, as well as for the peoples and individuals of present and future generations affected by the adverse effects of climate change.
Why is the Court’s opinion so important?
This case is the largest ever seen by the global court, with 91 written statements submitted to the registry, along with 62 written comments on these statements submitted before the extended deadline of August 15, 2024.
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A similar record number of 97 States and eleven international organizations will participate in the oral hearings. These hearings are an opportunity for countries and organizations to expand on their written statements and testify directly.
What effects can an advisory opinion have?
Unlike judgments in contentious cases, advisory opinions of the Court are not binding. That is, they clarify legal issues. The requesting body, in this particular case, the General Assembly, remains free to decide what effect to give to these opinions.
However, even though they are not binding, advisory opinions carry “an authoritative value that cannot be neglected”, as stated by the Court’s Secretary in a recent interview with UN News.
They bear great moral authority from what is considered the world’s highest court and the principal judicial organ of the UN.
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