Developing Nations Turn to ICJ Amid Disappointment Over Climate Finance Commitments
(Source: Indian Express; Section: Explained; Page: 16)
| Topic: GS2 – International Relations |
| Context: |
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Analysis of News:
Shift to Judicial Action: ICJ Case on Climate Obligations
- In response to inadequate action at climate negotiations, developing countries, led by small island states, have taken their concerns to the International Court of Justice (ICJ).
- A resolution initiated by Vanuatu, adopted by the UN General Assembly, seeks the ICJ’s advisory opinion on countries’ climate obligations and the legal consequences of failing to fulfill them under international laws.
Potential Implications of ICJ Advisory Opinion
- While the ICJ opinion is non-binding, it could significantly influence climate negotiations and litigation.
- It might redefine developed countries’ obligations beyond the UNFCCC and Paris Agreement to include other legal frameworks, such as human rights conventions and maritime laws.
- This could strengthen calls for accountability and compensation for climate-related damages, especially for vulnerable nations.
Precedent for Climate Lawsuits
- The ICJ ruling could set a precedent for over 2,600 climate-related lawsuits globally, including recent landmark cases holding governments accountable for failing to meet emission targets.
- Such rulings have expanded the scope of human rights to include protection from climate harm, as seen in India and Switzerland.
Global Participation and Interest
- The ICJ case has garnered record engagement, with 97 countries and several international organizations participating.
- Even nations with limited acceptance of ICJ’s authority, such as the US, China, and India, have made submissions.
- This underscores the global recognition of climate change as a critical legal and diplomatic issue.
Way Forward
- While diplomatic efforts remain central to climate action, judicial interventions like this ICJ case can reinforce accountability, guide negotiations, and push for equitable solutions.
- Developing nations must continue leveraging legal avenues alongside diplomacy to secure fair commitments from wealthier counterparts.
| What are the functions of the International Court of Justice? |
| The ICJ has two types of jurisdictions – contentious and advisory.
Contentious jurisdiction – It refers to resolving legal disputes between consenting states, under advisory jurisdiction.
Advisory jurisdiction – Unlike decisions given under the contentious jurisdiction, the ICJ’s advisory opinions are non-binding.
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| Practice Question: Discuss the significance of the UN General Assembly’s resolution seeking an advisory opinion from the ICJ on the legal responsibilities of countries towards climate change. What role do international laws play in holding developed nations accountable for climate actions? (250 words/15 m) |
