In a decision heralded as a historic win for climate justice, the UN on Wednesday adopted a resolution that should make it simpler to hold polluting nations legally responsible for failing to address the climate emergency.
The resolution to obtain a legal opinion from the International Court of Justice (ICJ) to clarify states’ obligations to address the climate crisis and specify any consequences countries should face for inaction was unanimously adopted by the UN general assembly.
The resolution was spearheaded by Vanuatu, a small Pacific island nation vulnerable to extreme climate effects, and youth activists.
The victory for climate justice today is of historic proportions, according to Vanuatu’s prime minister, Ishmael Kalsakau. “Today’s historic resolution heralds a new era in global climate cooperation, one that is more completely focused on preserving the rule of international law and one that prioritises intergenerational equality and human rights over other factors in climate decision-making.”
Cynthia Houniuhi, president of Pacific Island students battling climate change, said, “We are really happy that the world has listened to the young of the Pacific” (PISFCC).
“We are experiencing devastating tropical cyclones, flooding, a loss of biodiversity, and rising sea levels through no fault of our own. We are drowning our country since we have made the smallest contribution to the global emissions.
We are young, and the failure of the globe to reduce emissions that endanger the planet is a real issue. The things that are being sold out are our present and our future.
More than 120 nations, including the UK but excluding the US, co-sponsored the resolution, which would help create a type of legal litmus test for the global climate justice movement attempting to hold nations accountable for climate failings in the courts.
Establishing international legal norms can have an impact on judges and governments even though their judgement will not be enforceable in domestic courts.
Additionally, it is the first attempt to codify duties for climate action under international law, which supporters hope will enhance climate-related lawsuits by supporting vulnerable states and advocates hold countries accountable for their action and inaction.
That comes one week after the IPCC’s final report, which emphasised the urgent need to phase out fossil fuels in order to reduce global warming and prevent catastrophic climate calamity. Scientists cautioned that switching to renewable energy and green technology alone would not be sufficient; projects involving fossil fuels must instead be phased out.
“The UN resolution to take the issue of climate change to the world’s highest court is a historic moment in the fight for climate justice, human rights, and intergenerational equity,” said Harjeet Singh, head of global political strategy at Climate Action Network International.
The advisory opinion must be used as a crucial weapon for holding governments accountable for their responsibilities to protect the environment and future generations from the effects of climate change.
The International Court of Justice can turn the unambiguous scientific proof that fossil fuels are the primary cause of the climate problem into explicit legal requirements for their immediate phase-out and the application of tested, workable solutions.
According to Nikki Reisch of the Center for International Environmental Law, an advisory opinion could encourage greater accountability for the growing suffering brought on by nations’ inaction.
