
Global climate action is at stake in the UN top court's biggest ever decision
After years of lobbying by vulnerable island nations who fear they could
disappear under rising sea waters
, the U.N. General Assembly asked the International Court of Justice in 2023 for an advisory opinion, a non-binding but important basis for international obligations.
A panel of 15 judges was tasked with answering two questions. First, what are countries obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? Second, what are the legal consequences for governments when their acts, or lack of action, have significantly harmed the climate and environment?
'The stakes could not be higher. The survival of my people and so many others is on the line,' Arnold Kiel Loughman, attorney general of the island nation of Vanuatu, told the court
during a week of hearings in December
.
In the decade up to 2023, sea levels rose by a global average of around 4.3 centimeters (1.7 inches), with parts of the Pacific rising higher still. The world has also warmed 1.3 degrees Celsius (2.3 Fahrenheit) since preindustrial times because of the burning of fossil fuels.
Vanuatu is one of a group of small states pushing for international legal intervention in the climate crisis but it affects many more island nations in the South Pacific.
'The agreements being made at an international level between states are not moving fast enough,' Ralph Regenvanu, Vanuatu's minister for climate change,
told The Associated Press
.
Any decision by The Hague-based court would be non-binding advice and unable to directly force wealthy nations into action to help struggling countries. Yet it would be more than just a powerful symbol, since it could serve as the basis for other legal actions, including domestic lawsuits.
'What makes this case so important is that it addresses the past, present, and future of climate action. It's not just about future targets — it also tackles historical responsibility, because we cannot solve the climate crisis without confronting its roots,' Joie Chowdhury, a senior attorney at the Center for International Environmental Law, told AP.
Activists could bring lawsuits against their own countries for failing to comply with the decision and states could return to the International Court of Justice to hold each other to account. And whatever the judges say will be used as the basis for other legal instruments, like investment agreements, Chowdhury said.
The United States and Russia, both of whom are major petroleum-producing states, are staunchly opposed to the court mandating emissions reductions.
Simply having the court issue an opinion is the latest in a series of legal victories for the small island nations. Earlier this month,
the Inter-American Court of Human Rights found that countries have a legal duty
not only to avoid environmental harm but also to protect and restore ecosystems. Last year, the European Court of Human Rights
ruled that countries must better protect their people from the consequences of climate change
.
In 2019,
the Netherlands' Supreme court handed down the first major legal win
for climate activists when judges ruled that protection from the potentially devastating effects of climate change was a human right and that the government has a duty to protect its citizens.
___
The Associated Press' climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's
standards
for working with philanthropies, a list of supporters and funded coverage areas at
AP.org
.
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Hamilton Spectator
an hour ago
- Hamilton Spectator
Gabbard uses surprise White House appearance to attack Trump's enemies on the Russia investigation
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Earlier this month Ratcliffe released a report earlier this month criticizing the 2017 investigation into the election, but it did not address multiple investigations since then, including a report from the Republican-led Senate Intelligence Committee in 2020 that reached the same conclusion about Russia's influence and motives. Democrats call for Gabbard's resignation Lawmakers from both parties have long stressed the need for an independent intelligence service. Democrats said Gabbard's reports show she has placed partisanship and loyalty to Trump over her duty and some have called for her resignation. 'It seems as though the Trump administration is willing to declassify anything and everything except the Epstein files,' Sen. Mark Warner of Virginia, the ranking Democrat on the Senate Intelligence Committee, said in a statement Wednesday. Warner predicted Gabbard's actions could prompt U.S. allies to share less information for fear it would be politicized or recklessly declassified. But Gabbard enjoys strong support among Republicans. Rep. Rick Crawford, chairman of the House Intelligence Committee, said she and Ratcliffe were working to put the intelligence community 'on the path to regaining the trust of the American people.' Rep. Jim Himes, the top Democrat on the House Intelligence panel, said Gabbard hasn't offered any reason to ignore the many earlier investigations into Russia's efforts. 'The Director is free to disagree with the Intelligence Community Assessment's conclusion that Putin favored Donald Trump, but her view stands in stark contrast to the verdict rendered by multiple credible investigations,' Himes said in a statement. 'Including the bipartisan report released by the Senate Intelligence Committee.' Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . 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