For the first time in history, the United Nations’ highest judicial body, the International Court of Justice (ICJ), has weighed in on climate change, warning that global warming is an “urgent and existential threat.”
Last Wednesday, the court issued a strongly worded opinion that states must protect people from the “urgent and existential threat” of climate change. It was a unanimous warning that nations’ failure to take action to protect the climate system may constitute “an internationally wrongful act.”
Environmental analysts say the court’s opinion reflects a major moment for the global environmental movement and for the countries at greatest risk of harm.
It also found that protection of the environment is “a precondition” for ensuring human rights and cited government support of fossil-fuel production as a potential violation of these principles.
In 2021, the Pacific Island State of Vanuatu, inspired by Pacific Island Students Fighting Climate Change, announced that it would seek an advisory opinion from the Court on climate change.
After lobbying other UN member states to support the initiative in the General Assembly, the Pacific Island State of Vanuatu in 2023, adopted a resolution requesting an advisory opinion from the ICJ on two questions to wit: “What are the obligations of States under international law to ensure the protection of the environment?” and “What are the legal consequences for States under these obligations when they cause harm to the environment?”
The UN Charter allows the General Assembly or the Security Council to request the ICJ to provide an advisory opinion. Even though advisory opinions are not binding, they carry significant legal and moral authority and help clarify and develop international law by defining States’ legal obligations, TNT understands.
