UN’s top court to deliver landmark climate opinion on July 23

THE HAGUE, NETHERLANDS – JULY 23: An inside view of International Court of Justice in The Hague, Netherlands on July 23, 2018. The International Court of Justice on Monday ruled that the United Arab Emirates had violated the rights of Qataris through the blockade it imposed on its Persian Gulf neighbor over a year ago. (Photo by Abdullah Asiran/Anadolu Agency/Getty Images)

The International Court of Justice (ICJ) will issue a long-awaited advisory opinion on 23 July, offering its legal view on states’ responsibilities to combat climate change, the United Nations’ principal judicial body announced.

Although the opinion will be nonbinding, it is expected to influence climate litigation globally and clarify whether major greenhouse gas-emitting countries could be held accountable for climate-related harm inflicted on vulnerable nations, particularly small island states.

The advisory opinion follows a request by the UN General Assembly and is part of a growing trend of climate litigation worldwide. The court is likely to address legal obligations under existing international frameworks, including the largely nonbinding Paris Agreement.

During hearings held in December, developed countries broadly argued that current international climate agreements should guide state responsibility. In contrast, developing nations and small island states urged the court to endorse stronger legal duties for emissions reduction and financial support from wealthier nations.

Last week, the Inter-American Court of Human Rights issued a similar advisory opinion, stating that its 20 member states must collaborate to address climate change and avoid actions that undermine environmental protections. Legal experts say that while the ICJ’s opinion will not be enforceable, its interpretation of international law could set an important precedent and carry significant weight in courtrooms across Europe, Latin America, and beyond.

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