‘A win of epic proportions’: World’s highest court can set out countries’ climate obligations after Vanuatu secures historic UN vote

Pacific Island nation of Vanuatu has won a historic vote at the United Nations that calls on the world’s highest court to establish for the first time the obligations countries have to address the climate crisis — and the consequences if they don’t.

Vanuatu has long faced the disproportionate impacts of rising seas and intensifying storms. And in 2021, it launched its call for theUN International Court of Justice to provide an “advisory opinion”on the legal responsibility of governments to fight the climate crisis, arguing that climate change has become a human rights issue for Pacific Islanders.

Although the advisory opinion will be non-binding, it will carry significant weight and authority and could inform climate negotiations as well as future climate lawsuits around the world. It could also strengthen the position of climate-vulnerable countries in international negotiations.

This year has already been rough for Vanuatu: It is currently under a six-month state of emergency after a rare pair of Category 4 cyclones pummeled the country within 48 hours during the first week of March. The islands’ residents are still picking their way through the storms’ rubble.

Wednesday’s resolution for an advisory opinion passed by majority, backed by more than 130 countries. Two of the world’slargest climate polluters, the US and China, did not express support, but did not object meaning the measure passed by consensus.

This is the first time the highest international court is called on to address the climate crisis.The landmark decision is “essential,” UN Secretary General António Guterres said in his remarks to the assembly. “Climate justice is both a moral imperative and a prerequisite for effective global climate action.”