UN’s International Court of Justice Considers Advisory Opinion on Climate Justice for Small Island Developing States

Vanuatu’s Resolution for an Advisory Opinion

Vanuatu, a small island developing state in the Pacific, and 17 other countries have put forward a resolution to the United Nations’ International Court of Justice (ICJ) seeking an advisory opinion on the adverse impacts of climate change on small island developing states and climate justice. The ICJ is the principal judicial organ of the United Nations, and its advisory opinions carry legal authority and moral weight.

The resolution has been welcomed by the United Nations Secretary-General who believes that an advisory opinion from the court would assist member states in taking stronger climate action. The latest climate science confirms that humans are responsible for virtually all global heating over the past 200 years, and that limiting global temperature rise to 1.5 degrees Celsius above pre-industrial levels is achievable but time is running out.

The Prime Minister of Vanuatu believes that an ICJ advisory opinion could provide clarity that would benefit global efforts to address the climate crisis and boost cooperation. The UN High Commissioner for Human Rights has warmly welcomed the “landmark resolution” as an important catalyst for urgent, ambitious, and equitable climate action needed to stop global heating and to limit and remediate climate-induced human rights harms. The UN rights chief emphasized that states have obligations to mitigate and adapt to climate change and address loss and damage resulting from it.

Vanuatu Wins UN Vote for Advisory Opinion

The recent cyclones have brought Vanuatu’s attention toward climate change, which has become a human rights issue for Pacific Islanders. The students from Pacific Islands Students Fighting Climate Change initiated the push to seek an advisory opinion from the world’s highest court in 2019. The Vanuatu government endorsed the proposal and took it to the international stage.

More than 130 countries backed Vanuatu’s call for an ICJ advisory opinion, including co-sponsorship with the likes of the UK. The advisory opinion establishes the obligations countries have to address the climate crisis and the consequences if they don’t, though it remains non-binding. It carries significant weight and authority and could inform climate negotiations and future climate lawsuits worldwide.

It is noteworthy that this is the first time the highest international court is called on to address the climate crisis, making this an essential landmark decision. The Vanuatu government is hopeful; an ICJ advisory opinion could provide legal clarity of how a loss and damage fund would work as the financial damage caused by recent twin cyclones will likely amount to more than half of Vanuatu’s GDP.

The students hope that the advisory opinion will be persuasive in increasing domestic action while identifying gaps in international law and domestic law that need filling. Moreover, it could also strengthen the positions of climate-vulnerable countries in international negotiations. It brings attention to legal avenues small countries can take to fend off the worsening effects of climate change.

UN Resolution on Holding Polluting Countries Accountable

In addition, the United Nations General Assembly has adopted a resolution, spearheaded by Vanuatu and youth activists, to secure a legal opinion from the ICJ and clarify the obligation states have to tackle the climate crisis. This resolution aimed at holding polluting countries legally accountable for failing to tackle the climate emergency.

The resolution was co-sponsored by over 120 countries (but not by the US) and hopes to establish a legal litmus test, of sorts, for the global climate justice movement seeking to hold countries accountable for their action and inaction. This represents the first attempt to establish climate action obligations under international law.

Advocates hope that this would strengthen climate-related litigation by helping vulnerable states hold countries accountable for their actions’ consequences, even though a non-binding opinion from the world’s highest court will not be binding in domestic courts. This resolution received backing due to mounting frustration about the mismatch between the global community’s rhetoric and action on climate change amid escalating losses.

Island nations and developing countries have contributed the least to global greenhouse-gas emissions but bear the brunt of erratic and extreme weather events such as hurricanes, floods, drought, and extreme heat that upend water and food security and fuel forced migration. These front-line countries will benefit from this resolution aimed at global climate justice.

Holding polluting countries accountable for their contribution to climate change is a vital step toward mitigating and ultimately addressing the devastating consequences of climate change worldwide. The ICJ advisory opinion on the legal responsibility of governments to fight the climate crisis is a significant breakthrough toward achieving global action for climate justice.

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