UNGA requests ICJ advisory opinion on climate change

On 29 March 2023 the UN General Assembly adopted by consensus a resolution seeking an advisory opinion on climate change and human rights from the International Court of Justice (ICJ).

This is a milestone moment in a campaign launched over two years ago by the Pacific Island Students Fighting Climate Change (PISFCC), in a law school classroom in Vanuatu.

It was taken forward as a diplomatic endeavor by the Government of Vanuatu who worked alongside a core group of 18 nations to prepare the first draft of the resolution, and ultimately won the backing of over 120 countries before it was tabled in the UN today. The adoption by consensus for an advisory opinion from the ICJ is unprecedented.

An advisory opinion from the ICJ will provide clarity to States on their obligations under international law to protect their people, now and in the future, from climate impacts and their responsibility in upholding fundamental human rights.

While non-binding in nature, it will add weight to efforts to hold governments accountable on their climate promises and strengthen climate negotiations in multilateral fora, and it can be cited in climate litigation.

Today’s win is a significant diplomatic moment for Vanuatu and Pacific Island nations who have a strong legacy in climate leadership. For instance, Vanuatu and small island developing states have long championed the need for a Loss and Damage fund – which came to fruition at COP27- and more recently led a six-nation Pacific pledge, ‘Port Vila call‘, to phase out of fossil fuels and called for a global Fossil Fuel Non-Proliferation Treaty.

“This is not a silver bullet but it can make an important contribution to climate action. The world is at a crossroads and we as the international community have the obligation to take greater action. Together we can send a loud and clear message into the future that on this very day the people of the United Nations acting through their governments decided to leave behind their differences and act together to tackle the challenge of climate change,” said H.E. Ishmael Kalsakau, Prime Minister of Vanuatu, as he introduced the draft resolution at the UN plenary hall today.

The advisory opinion is requested on the following question:

“Having particular regard to the Charter of the United Nations, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the United Nations Framework Convention on Climate Change, the Paris Agreement, the United Nations Convention on the Law of the Sea, the duty of due diligence, the rights recognized in the Universal Declaration of Human Rights, the principle of prevention of significant harm to the environment, and the duty to protect and preserve the marine environment,

(1) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations;

(2) What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:

(a) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?

(b) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”

Link to the website with official text

SOURCE: https://climatenetwork.org/2023/03/29/major-climate-diplomacy-breakthro…