Central Idea

• The UN General Assembly has asked the International Court of Justice to weigh in on whether countries can be sued under international law for failing to avert climate emergencies, reflecting the frustration of the international community with global climate agencies and the need for more effective climate action.

Background

• Resolution by Vanuatu: The resolution, sponsored by the small Pacific island nation of Vanuatu, was adopted unanimously, indicating global consensus on the climate crisis.
• Delay climate action: Frustration with the procedures of global climate agencies, particularly the United Nations Framework Convention on Climate Change (UNFCCC), stems from their deliberations often ending in compromises that delay climate action.
• ICJ’s decision carries moral weight: The Hague-based court’s opinion will not be binding but carries moral weight, potentially setting the stage for countries to incorporate climate justice in their legal frameworks.

Role of ICJ and its jurisdiction

1. Contentious: Contentious jurisdiction refers to the ICJ’s authority to resolve legal disputes between consenting states. Decisions made under contentious jurisdiction are binding
2. Advisory:

• Advisory jurisdiction allows the UN General Assembly (UNGA), the Security Council (SC), and other specialized bodies of the organization to request the ICJ’s opinion on a legal question.
• The ICJ’s advisory opinions are non-binding. However, they hold significant normative weight and serve to clarify international law on relevant issues.
• The ICJ’s advisory opinion on climate change can be useful in climate-related litigation at the national level.

Previous attempts to address climate change in non-environmental forums

• Global warming on agenda: Global warming has been part of the UN Security Council’s agenda since 2007, with the UNSC attempting to frame the issue from a security standpoint, rather than solely from developmental or environmental perspectives.
• Securitization of climate change: Developing countries, including India and China, have rightly resisted the securitization of climate change, arguing that it could lead to the imposition of sanctions and other coercive measures.
• Rights and justice: The use of rights and justice vocabulary has given the Vanuatu-sponsored proposal more traction and global support.

Rights and justice vocabulary and recent developments

• Climate justice: The Vanuatu-sponsored proposal emphasizes the importance of climate justice in addressing the issue.
• Right to reparations: Countries have started asserting their right to reparations after climate emergencies, such as Pakistan after the devastating floods in 2020 and the recent discussions on loss and damage during the COP26 conference in Glasgow.
• Rising climate litigation cases worldwide: The rise of climate litigation cases worldwide, where citizens and organizations sue governments and corporations for their failure to act on climate change, highlights the growing demand for climate justice.

Challenges in holding countries accountable

• Holding individual accountable: Holding individual countries or governments accountable for their climate inaction has been a major stumbling block at several climate meets.
• Compensation issue: The Paris Agreement contains a clause specifying that the pact does not involve or provide a basis for any liability or compensation, inserted under pressure from US diplomats.
• Adamant stance: American support for the UNGA resolution was reportedly reluctant, indicating that powerful countries might resist being held accountable for their climate inaction.

Conclusion

• The UNGA’s intervention should not detract from the task of reforming the UNFCCC. Institutions of the umbrella climate agency need to be more equity-sensitive and justice-oriented. Engaging with the ICJ could push it in that direction, but wealthier members of the UNFCCC must show more initiative. The growing demand for climate justice and the increasing number of climate litigation cases highlight the importance of addressing the issue in a just and equitable manner.