Express View on ICJ verdict on climate obligations: A welcome nudge

Indian Express

2 days ago

Last week, the International Court of Justice (ICJ) ruled that countries are 'obliged' to 'prevent harm from climate change'. The Court was responding to a UN General Assembly request, triggered by a resolution backed by small island states, for an 'advisory' to 'ensure protection of the environment' from GHG emissions. In a process that stretched over two years, the ICJ consulted experts, including those from the IPCC, as well as representatives of nations and blocs such as the Organisation of the Petroleum Exporting Countries, to affirm that 'limiting global warming to 1.5 degrees C should be considered the primary temperature goal for nations' and that they are obliged to make 'adequate contributions' to achieve this target. The advisory is not binding on governments, but it could breathe new life into the flailing global climate change negotiations. It could also have significant implications for environmental jurisprudence, enabling vulnerable groups and nations to push for stronger climate action.
Ten years after the Paris Pact set the roadmap for climate action, numerous inclement weather events all over the world have shone unflattering light on the absence of a collective resolve to decarbonise the world economy. The UN's annual climate meet has taken important decisions to compensate countries for loss and damages due to global warming-induced disasters. Yet, these meetings continue to be held hostage by decades-long differences over who should contribute how much to the mitigation efforts. Last year's UNFCCC meet at Baku, billed as the finance CoP, was a particular disappointment. Leaders of most major economies failed to turn up, and less than two months after the summit, the US President pulled his country out of the Paris Climate Pact for the second time in less than 10 years. The US did not face any legal challenge for pulling out of the treaty, and developed countries have, by and large, got away with not meeting their financial obligations. The ICJ advisory has not spelt out any consequences for defaulters. However, its strong endorsement of compensation to countries that suffer climate damage could trigger a wave of litigation for damages. In recent years, developed nations have reluctantly acknowledged that vulnerable countries require assistance to deal with climate disasters, but they have rejected any suggestion for reparations. The ICJ's opinion could move the needle forward.
The top UN court has also affirmed the salience of the principle of 'common but differentiated responsibilities'. As rich countries increasingly put pressure on emerging economies, such as India, to assume more global warming mitigation responsibilities, this founding tenet of climate negotiations has come under increasing strain. The ICJ advisory should jolt the historically high emitters and nudge them to fulfil their climate commitments.