ICJ Landmark Climate Opinion Declares Legal Obligation To Protect Current and Future Generations

Excerpt from time.com

The International Court of Justice (ICJ) delivered a landmark unanimous advisory opinion on Wednesday, addressing the legal obligations for countries to address climate change under international law.

Climate change poses an "urgent and existential threat" to all states, the court said. Countries have a legal duty to protect current and future generations from environmental harm, including rising global temperatures. All nations must cooperate together to solve this challenge, it said, with wealthier countries obligated to help developing countries adapt.

The landmark case is the largest to be seen by the world court, and is expected to provide a legal blueprint for the responsibility of countries to address climate change. The case was brought forward by Vanuatu and other Pacific Island nations, after a youth-led movement in 2019 campaigned for it to be brought in front of the ICJ.

In its deliberations, the court was asked to answer two questions: What obligations do states have to ensure the protection of the climate for present and future generations? And, what are the legal repercussions for states which fail to meet these obligations, and cause harm?

The court’s reasoning addressed several major legal issues, including the scope of states’ climate obligations, how human rights obligations should shape climate policy-making, the right to reparations for developing countries bearing the worst impacts of climate change, the establishment of preventive and precautionary principles for climate mitigation, equity in states’ response to climate action, and the obligation to phase out fossil fuels.