5 days ago
Australia faces ‘inescapable' legal risk after historic climate ruling
Countries besieged by the effects of climate change can legally pursue their neighbours for reparations if they fail to uphold their obligations to curb global emissions, in a ruling that could have far-reaching implications for fossil fuel-exporting nations such as Australia.
The International Court of Justice handed down the historic advisory ruling, paving the way for massive compensation claims in a case brought by a group of law students from Vanuatu.
In a case that drew unprecedented international involvement, including from 96 states and 11 international organisations, The Hague-based court's advisory opinion found countries were bound to uphold international treaties such as the Paris Agreement, a commitment to prevent global temperatures from rising 1.5 degrees above pre-industrial levels.
'Failure of a State to take appropriate action to protect the climate system from greenhouse gas emissions – including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies – may constitute an internationally wrongful act which is attributable to that State,' the ruling said.
Any breach of its obligations meant the country could be liable to pay 'full reparation to injured States in the form of restitution, compensation and satisfaction'.
The Australian government was among several countries that argued that complying with climate treaties such as the Paris Agreement was all that international law required and there were no relevant obligations when it came to fossil fuel exports.
The court found 'the argument according to which the climate change treaties constitute the only relevant applicable law cannot be upheld'. Relevant international laws included a 'customary duty to prevent significant harm to the environment and the duty to co-operate for the protection of the environment, and international human rights law'.
Australian Conservation Foundation general counsel Adam Beeson said this meant the Australian government would need to properly assess the consequences of exporting fossil fuels.
