The International Court of Justice is in its second week of hearings to determine countries’ responsibilities in combating and addressing climate change. While the court’s opinion will not be legally binding, any recommendation urging nations to take accountability for their contributions to climate change, and to remedy the damage caused, could have a profound global impact
Let’s review the positions.
Why It Matters
Past Sins Do Not Matter: Some countries like the UK have argued that they do not want to pay for their past climate sins.
Only A Little Sin, Okay? Australia, Saudi Arabia, Germany, and other countries state that countries’ obligations to fighting and fixing climate change are only in the Paris Agreement.
You Got No Rights: Canada argued to restrict the application of human rights to fighting and fixing climate change.
Rights and Responsibilities: Costa Rica, El Salvador, Spain, and Fiji pointed out that to protect human rights in the context of climate change, States must reduce greenhouse gas (GHG) emissions.
Who Cares, Full Steam Ahead: Kuwait openly defended fossil fuels, rejecting any legal obligation for phasing out their production and use.
We Each Have Different Climates: China and Brazil stressed the principles of common but differentiated responsibility.
We Hear Your Pain: Developed States - Latvia and Liechtenstein - are setting a good example by supporting the Small Island States in their fight for the right of self-determination, a vital cause for climate justice.
Pay Your Burden: Ghana, Grenada, and Sierra Leone fortified the critical need for debt cancellation as a form of reparation.
Fight For It, Do Not Fix It
In contrast, some countries appear to hold conflicting positions. For example, Germany, which previously advocated for recognizing the right to a clean environment as a fundamental human right at the United Nations, now argues against framing climate change within a human rights context.
Despite these divisions, many nations agree on the importance of intergenerational equity, highlighting the need to protect future generations. France, Ghana, Guatemala, India, the Marshall Islands, and Grenada have all championed this principle as vital for achieving climate justice.
What’s Next?
The hearings will last until December 13 with the court’s opinion expected in 2025.
We are especially grateful to the Pacific Islands Students Fighting Climate Change (PISFCC) who are summarizing arguments in the briefings online. PISFCC is a youth-led organization whose members are students from the Pacific Island countries.
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