Advisory on climate change
The recent advisory on climate change by the International Court of Justice (ICJ) signifies a pivotal moment in over 30 years of international climate negotiations. Although the advisory is non-binding, it provides a judicial framework to hold states accountable for inadequate climate actions and allows developing countries and vulnerable communities to seek justice and financial aid.
Legal Obligations of States
- States have concrete legal obligations grounded in:
- Existing treaties
- Human rights law
- Long-standing legal principles
- These obligations extend beyond the Paris Agreement, requiring:
- Meaningful action to prevent environmental harm
- Collaboration to reduce emissions
- Protection of people from climate impacts
Connection to Human Rights
The advisory underscores the connection between climate change impacts and international human rights law, highlighting threats to fundamental rights due to:
- Rising sea levels
- Deadly heat waves
- Water scarcity
- Food insecurity
This association reframes climate inaction not merely as a policy failure but as a legal breach, holding governments accountable for actions within their jurisdiction.
Impact on Policy and Science
This legal perspective is expected to influence policymaking by emphasizing the protection of climate systems and reinforcing the role of science in guiding legal accountability.
Role of Vanuatu and International Principles
The advisory, developed from the 2023 UN General Assembly resolution, is a result of Vanuatu's persistent efforts to address slow climate action and unfulfilled commitments. It upholds the principle of common but differentiated responsibilities and respective capabilities, indicating that developed states should lead the efforts.
