Can countries be sued under international law for failing to avert climate emergencies? On Wednesday, the UN General Assembly (UNGA) asked the International Court of Justice to weigh in on the issue. That the resolution, sponsored by the small Pacific island nation, Vanuatu, was adopted unanimously by the UNGA testifies to the global consensus on the climate crisis. But it also reflects the frustration of the international community — especially of small island countries, many of whom face an existential threat — with the procedures of the global climate agencies, particularly the UNFCCC. Their deliberations often end up in compromises that delay climate action. The Hague-based court’s opinion will not be binding but its pronouncements carry moral weight. The advisory could set the stage for countries incorporating climate justice in their legal frameworks — akin, for instance, to the way the UN Declaration of Human Rights has found resonance in statute books across the world. As the resolution pointed out, “it will provide clarity to states on their obligations under international law to protect their people, now and in the future, from climate impacts”.
The UNGA’s intervention should not detract from the task of reforming the UNFCCC. The institutions of the umbrella climate agency need to be more equity-sensitive and justice-oriented. Engaging with the ICJ could push it towards this direction. The UNFCCC will, however, require much more initiative from its wealthier members.
