The resolution and its background
The United Nations General Assembly (UNGA) has adopted a landmark resolution aimed at holding polluting countries legally accountable for failing to tackle the climate crisis. The environment ministers of more than 120 countries, including the United Kingdom, endorsed the resolution proposed by Vanuatu, a Pacific island vulnerable to extreme climate effects. This step was necessary to obtain a legal opinion from the International Court of Justice (ICJ), which would clarify states’ obligations to tackle the climate crisis and specify any consequences countries should face for inaction.
Vanuatu was facing an existential threat due to sealevel rise as it was hit by two category-4 hurricanes within 72 hours of each other last month. There is mounting frustration at the mismatch between the global community’s rhetoric and action on climate change amid escalating losses for vulnerable countries such as Vanuatu, which contributed least to global greenhouse-gas emissions but are bearing the brunt of climatic impacts.
Advantages of the resolution
The resolution represents the first attempt to establish climate action obligations under international law. Advocates predict that it will strengthen climate-related litigation by helping vulnerable states and activists hold countries accountable. Although an advisory opinion of the world’s highest court will not be binding in domestic courts, it could be influential on judges and governments.
An advisory opinion of the International Court of Justice could clarify financial obligations countries have on climate change, revise national climate plans submitted to the Paris Accord, and strengthen domestic policies and legislation.
The resulting advisory opinion could offer vital input to emerging climate-driven lawsuits worldwide, with upwards of 2,000 cases pending globally.
Insights into the resolution process
The original idea for a UNGA resolution came from law students from Vanuatu during their class project. They suggested it to Vanuatu officials, who led the four-year campaign. A core group of 18 countries, including Bangladesh, co-sponsored the resolution.
Each country is to submit input over the next year, and it could take the court around 18 months to issue an advisory opinion that clearly defines the extent of climate obligations. The UN resolution will help establish a legal litmus test for the global climate justice movement seeking to hold countries accountable for inaction on emission reduction and climate adaptation measures.
However, the United States did not support this resolution and is banking on diplomacy as a more effective way to tackle climate change.
Conclusion
The UN resolution is a defining moment that can help bridge the gap between the promises made by developed countries for climate finance and what is delivered. It emerged out of a need to ensure financial support from rich countries to vulnerable countries facing climate risk.
Therefore, this landmark resolution has wide-ranging implications because it seeks to close legal loopholes that have allowed polluting countries to evade responsibility and adoption of clear steps and measures. It would help tackle the crisis altogether by facilitating unified actions across borders towards reducing emissions and achieving sustainability goals.
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