The United Nations’ top court begins hearings next week to examine the legal obligation of countries to combat climate change and the consequences for states that contribute to global warming. The outcome could shape climate litigation worldwide.
Although the International Court of Justice’s (ICJ) advisory opinions lack binding authority, they carry significant legal and political weight. Experts believe courts across Europe, Latin America, and beyond will likely cite the ICJ’s opinion in climate-related lawsuits.
The hearings follow widespread criticism from developing nations over the agreement reached at the COP29 summit, which pledged $300 billion annually by 2035 to help poorer countries manage climate change. Many developing nations called the agreement inadequate.
Ralph Regenvanu, Vanuatu’s special envoy for climate change and the environment, emphasized the urgent need to phase out fossil fuels and increase financial support for nations like his, which bear the brunt of climate impacts. “We’re not seeing that reflected in the outcomes of the COPs,” Regenvanu told Reuters. He expressed hope that the ICJ’s involvement could provide new pathways to overcome the inertia surrounding climate justice discussions.
Fiji’s Attorney General Graham Leung described the hearings as a historic moment for small island developing states in their pursuit of climate justice.
CLIMATE LITIGATION
Climate litigation continues to rise. Earlier this year, Europe’s top human rights court ruled that Switzerland violated its citizens’ rights by failing to address climate change adequately. However, the court rejected two other cases, illustrating the complexity of this growing legal trend.
Vanuatu, which suffers disproportionately from increasingly severe storms and rising sea levels, pushed for the ICJ advisory opinion. The Pacific nation will lead 98 countries and twelve international organizations in presenting arguments to the ICJ, often referred to as the World Court.
The ICJ, the United Nations’ highest court for resolving disputes between states, acts on requests from the U.N. General Assembly for advisory opinions. In 2023, the assembly asked the ICJ to clarify states’ legal obligations to protect the climate system and whether major contributors to greenhouse gas emissions bear liability for damages, particularly concerning small island nations.
“With COP29 failing to deliver a decisive approach to climate justice and ambition, any developments from the ICJ will carry even greater significance,” said Lea Main-Klingst, a lawyer with ClientEarth.
In addition to small island states and a mix of Western and developing countries, the court will hear arguments from the United States, China—the two largest greenhouse gas emitters—and the oil-producing nations represented by OPEC.
The hearings begin Monday at 10 a.m. (0900 GMT) and will run until December 13. The ICJ plans to deliver its opinion in 2025.
