Have we discussed Climate Change today?
Posted on: December 4, 2024 at 15:45:36 CT
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On December 4, the United States made an oral statement in the International Court of Justice’s Advisory Opinion relating to the Obligations of States in respect of Climate Change. At the request of the United Nations General Assembly, the ICJ will determine the existing financial liability of countries for their contribution to climate change and what actions countries must take to prevent climate change. The U.S. argued that they are not financially liable for past greenhouse gas emissions and that current human rights laws do not provide for a right for a healthy environment.
On March 29, 2023, at the request of Vanuatu, the UNGA asked the ICJ to issue an advisory opinion on the legal obligations of countries in preventing climate change. The opinion, while non-binding, will give an indicator of how the Court may interpret future climate related litigation and guide future legislative development.
The UNGA asked two questions:
“What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations”?
“What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to: (i) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change? (ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”
On December 2, Vanuatu and the Melanesian Spearhead Group opened the hearings giving, in essence, an opening argument. Over 100 countries and parties will present oral statements in 30 minute increments from December 2 - 13. Notably, the oral statements were provided to the court in advance, with citations. Verbatim written transcripts of the daily hearings are posted on the Court’s website. Written statements will be released daily as parties make their oral statements. The hearings are streamed on the Court’s website and on UN Web TV.
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