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ICJ Rules States Must Protect Environment, Failure May Violate International Law

ICJ Rules States Must Protect Environment, Failure May Violate International Law
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The International Court of Justice (ICJ) issued a landmark advisory opinion stating that a "clean, healthy and sustainable environment" is a human right. The court declared that failure to protect the planet from climate change may constitute a violation of international law, outlining states' obligations to protect citizens from rising global temperatures and emphasizing the need for climate protection for present and future generations. ICJ President Yuji Iwasawa highlighted that greenhouse gas emissions are caused by human activities and have cross-border effects, underscoring the urgent threat posed by climate change.

The case originated from a request by Vanuatu, following lobbying efforts by Pacific Island students, seeking clarification on states' obligations under international law to protect the climate and environment. The ICJ heard testimonies from nearly 100 countries and 12 international organizations in December. While some high-emitting nations argued existing treaties like the Paris Agreement suffice, experts countered that the Paris Agreement doesn't encompass all climate-related laws. The ICJ's opinion clarifies that states have a duty to cooperate in preventing climate harm and must set ambitious national climate targets.

The ICJ advisory opinion, along with similar opinions from the Inter-American Court of Human Rights and the International Tribunal for the Law of the Sea, carries significant legal weight and moral authority, potentially influencing upcoming COP30 climate negotiations. The opinion emphasizes accountability and could help hold polluters responsible for climate damage. While not legally binding, it provides a legal blueprint for holding polluters accountable and securing remedies and reparations.

Impact Statement: The ICJ's ruling significantly strengthens the legal and moral basis for climate action, potentially influencing national policies and international negotiations, and empowering those affected by climate change to seek redress.