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Global community seeks advisory opinion from ICJ on Climate Change

Vulnerable countries are requesting clarity on the legal consequences under international law obligations to ensure the protection of the climate system

By Marco Lopez

BELIZE CITY, Thurs. Aug. 29, 2024

Belize is one of 91 countries from around the world that delivered written submissions in a climate case currently being heard by the International Court of Justice (ICJ). In total 14 Small Island Developing States (SIDS) made submissions, which were accepted by the court in mid-August. The oral hearing in this case will start on December 3, 2024.

 The case is seen as groundbreaking for its potential to present an authoritative interpretation of the obligations of States’ who are current and historical big greenhouse has emitters as it relates to climate change.

The request for an advisory opinion was brought by the United Nations in April 2023 in the hopes of answering pivotal questions that can bolster the legal and climate justice arguments of small island developing states – in litigation and at the negotiation table at COPs and other global forums.

The outcome of this case may also strengthen calls for climate finance being echoed by SIDS and climate-vulnerable states globally.

The court is being asked to give an opinion on legal consequences States may face under international obligations for their acts and omissions that have caused significant harm to the climate system.

The court is asked to look in particular to climate impact in small island developing States. SIDS due to their geographical location are specially affected and vulnerable to adverse effects of climate change.

The countries also request the ICJ’s advice on the consequences of anthropogenic greenhouse gas emissions that may cause climate impact on people and individuals of the present and future generations.  

Besides the 91 countries, several international organizations, including the World Health Organization, the Forum Fisheries Agency, the Commission of Small Islands State of Climate Change, and International Law among others are also participating in this case.  

Breaking the climate debt cycle for the most vulnerable countries and securing climate finance to drive adaptation and mitigation in those nations showing the significance of global north GHG emissions to driving climate change is a potential result of this case.

Story first published in the Amandala News Paper.

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