UN’s top court begins hearings on climate change

The United Nations’ highest court, the International Court of Justice (ICJ), commenced hearings on Monday to address the legal responsibilities of nations in combating climate change and the consequences of contributing to global warming. The court’s advisory opinion could have far-reaching implications for climate litigation globally. 

Vanuatu, a Pacific island nation that led the initiative to seek an advisory opinion from the ICJ, will be the first of over 100 countries and international organisations to present its views during the two-week proceedings starting at 10 a.m. (0900 GMT). 

Although the ICJ’s advisory opinions are not legally binding, they carry significant legal and political weight. Experts predict that the court’s decision will likely serve as a reference in climate-related lawsuits across jurisdictions, from Europe to Latin America and beyond. 

The hearings come on the heels of criticism from developing nations over the agreement at the COP29 summit, which set a goal of providing $300 billion annually in climate finance by 2035 to assist poorer countries in managing climate impacts. Many nations have deemed the commitment insufficient. 

Ralph Regenvanu, Vanuatu’s special envoy for climate change and the environment, emphasised the urgency of phasing out fossil fuels and increasing financial support for vulnerable nations disproportionately affected by climate change. “We would like cumulative historical emissions that cause significant harm to the climate system to be declared unlawful,” Regenvanu said to the media.

In addition to small island states and numerous Western and developing countries, major greenhouse gas emitters like the United States and China, along with the Organization of the Petroleum Exporting Countries (OPEC), will also present their positions during the hearings, which are set to conclude on December 13.  The ICJ is expected to deliver its advisory opinion in 2025, a decision that could shape the future of global climate accountability and justice.

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