The United Nations General Assembly recently made history when it adopted a resolution seeking an International Court of Justice (ICJ) advisory opinion on climate change. This resolution is significant because it is a step towards clarifying the human rights obligations of governments regarding climate change.
Vanuatu, a small South Pacific island state at risk from climate change, led the resolution and received support from nearly 20 countries worldwide. The resolution’s aim is to clarify states’ obligations regarding climate change, including reducing greenhouse gas emissions and holding accountable states that have caused significant harm to the climate. This resolution has gained endorsement from more than 1,700 civil society groups across 130 countries, reflecting effective multilateral diplomacy.
The ICJ’s advisory opinion carries great moral and legal authority, which could encourage countries to strengthen their domestic climate efforts. As per the UN resolution, the ICJ can opine on legal obligations to protect people affected by climate change and the consequences for states that cause such harm. This advisory opinion may even create binding customary international law, which is legally binding on states.
Vanuatu’s initiative on the resolution hopes to encourage countries to take bolder and stronger climate action to address the ongoing climate emergency. The adoption of this resolution by the UN General Assembly is a significant step towards shaping international policies on climate change and defining human rights obligations in this area.
