World court to hold hearings in case that may define countries’ climate obligations

While the ICJ’s advisory opinions are not binding under international law, they are significant legally and politically

Published - August 17, 2024 05:06 pm IST

A livestock farm in the village of Kanalia, Greece, is almost entirely submerged by floodwater, February 17, 2024.

A livestock farm in the village of Kanalia, Greece, is almost entirely submerged by floodwater, February 17, 2024. | Photo Credit: Alkis Konstantinidis/Reuters

The International Court of Justice (ICJ) said on Friday it would hold public hearings starting December 2 in an advisory opinion case that may become a reference point in defining countries’ legal obligations to fight climate change.

The ICJ, also known as the World Court, is the United Nations’ highest court for resolving international disputes. In 2023, the U.N. General Assembly asked it for a formal opinion on questions including whether large states that contribute to greenhouse-gas emissions may be liable for damages caused to small island nations.

While the ICJ’s advisory opinions are not binding under international law, they are significant legally and politically. The opinion on climate change, expected in 2025, will likely be cited in thousands of climate-driven lawsuits pending in courts around the world.

In a statement on Friday, the court said 62 nations and organizations including Australia, Brazil, the European Union, Grenada, Japan, Micronesia, the Philippines, Seychelles, United Kingdom, United States and Vanuatu had filed written comments by an August 15 deadline.

The ICJ opinion will follow others at international courts, including a ruling by the International Tribunal for the Law of the Sea in May that found greenhouse gases are marine pollution and that countries must protect oceans.

A case similar to the ICJ case is also pending at the Inter-American Court of Human Rights, which has jurisdiction over 20 Latin American and Caribbean countries.

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