Introduction:
A group of 16 countries led by Vanuatu is seeking an advisory opinion from the International Court of Justice (ICJ) on the issue of climate change. The initiative seeks to clarify the legal obligations of countries to prevent and redress the adverse effects of climate change.
Key points:
- The ICJ has two types of jurisdictions: contentious and advisory.
- The ICJ’s advisory opinions are non-binding but carry normative weight and clarify international law on a relevant issue.
- Small Island Developing (SID) states such as Vanuatu are most vulnerable to rising temperatures and sea levels.
- Vanuatu launched an initiative through the UN General Assembly (UNGA) to seek an advisory opinion from the ICJ, which has reportedly gathered support from over 100 countries.
- The draft resolution piloted by Vanuatu seeks answers to two questions from the ICJ regarding the legal obligations of countries toward the protection of the climate system.
- The first question seeks to interpret and clarify existing international climate change law enshrined in various international environmental treaties.
- The second question seeks to determine the legal consequences for states that have caused significant harm to the climate system.
- Developed countries and groupings like the G-20 should support these laudable initiatives of the SID states.
Conclusion:
International courts can play a crucial role in addressing the problem of climate change, and the initiatives of the SID states should be supported. The ICJ’s advisory opinion and the ITLOS’s specific obligations under the United Nations Convention on the Law of the Sea can help clarify international law on climate change and combat its adverse effects. India, as the president of the G-20, should take a lead in developing an environment-friendly lifestyle campaign.
Related constitutional articles of the Indian Constitution:
- Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife.
- Article 51A: Fundamental duties of every citizen of India includes to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
