State failure to protect climate is 'internationally wrongful', ICJ says

The fight against climate change has a new global legal framework . The International Court of Justice (ICJ), called upon to rule on the legal obligations of states to curb climate change, ruled on Wednesday, July 23, that a state's failure to protect the climate constitutes "an internationally wrongful act," opening the way for an obligation of "reparations" for polluting countries.

For the ICJ, rising temperatures are an "urgent and existential threat" : "The court notes that the consequences of climate change are serious and far-reaching. They affect both natural ecosystems and human populations," said Judge Yuji Iwasawa, in a lengthy speech summarizing the ICJ's hundreds-page opinion. The court also affirms that global warming can compromise human rights, including the "right to health." The international organization thus considers that the environment must be protected for "present and future generations."

According to experts, this is the most important case ever heard by the court. Although this opinion is only advisory and not binding, it could influence and reshape climate justice by inspiring laws around the world. This new document should also inform climate-related litigation at the national and international levels.

The 15 judges of the ICJ were tasked by the United Nations with addressing two issues. First, to determine, under international law, the obligations of states to protect the Earth from greenhouse gas emissions, in order to preserve present and future generations. Second, the ICJ was to clarify the legal consequences for states whose emissions have caused environmental damage, particularly to vulnerable island nations.

The court held its largest hearings in its history, with more than 100 nations and groups speaking in December at the Peace Palace in The Hague, Netherlands.

More information to come…