ICJ Ruling on Climate Change

General Studies Paper-3

Context

• The International Court of Justice (ICJ) has issued a landmark advisory opinion affirming that countries have a legal obligation under international law to reduce greenhouse gas emissions.

Key takeaways of the  recent ruling on climate change

• The court examined the provisions of the three climate treaties — the 1994 UN Framework Convention on Climate Change (UNFCCC), the 1997 Kyoto Protocol, and the 2015 Paris Agreement — and several other environment-related international laws that have a bearing on the climate system.
  • These include the UN Convention on the Law of the Sea (UNCLOS), the 1987 Montreal Protocol for protecting ozone, the 1992 Convention on Biodiversity and the 1994 Convention to Combat Desertification.
• It concluded that climate action is a legal obligation, not optional.
• It emphasized that countries must reduce greenhouse gas emissions, with developed nations (Annexure I of the UNFCCC) having a special duty to lead and support developing nations through technology and financial aid.
• The court stated that failure to meet these obligations constitutes an “internationally wrongful act” and could result in legal consequences, including liability for damages caused by climate change.
  • States could also be held accountable for the actions of private companies if they fail to regulate them properly.

About International Court of Justice (ICJ)

• It is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
• The seat of the Court is at the Peace Palace in The Hague (Netherlands).
• The Court’s role is to resolve legal disputes between states and provide advisory opinions on legal questions referred by authorized UN bodies and agencies, based on international law.
• It is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council.
  • It is assisted by a Registry, its administrative organ. Its official languages are English and French.

Significance

• The ruling puts renewed focus on climate accountability, particularly for developed nations that have historically failed to meet commitments.
• It supports the principle of “loss and damage,” recognizing that countries harmed by climate change are entitled to full reparation, potentially opening the door for lawsuits seeking compensation from rich nations and corporate polluters.