https://apnews.com/article/un-court-opinion-climate-change-1ac84a94a5aaffd63518ef1da3502a9e
BY MOLLY QUELL AND MIKE CORDER
Excerpt:
THE HAGUE, Netherlands (AP) — The United Nations’s top court in a landmark advisory opinion Wednesday said countries could be in violation of international law if they fail to take measures to protect the planet from climate change, and nations harmed by its effects could be entitled to reparations.
Advocates immediately cheered the International Court of Justice opinion on nations’ obligations to tackle climate change and the consequences they may face if they don’t.
“Failure of a state to take appropriate action to protect the climate system … may constitute an internationally wrongful act,” court President Yuji Iwasawa said during the hearing. He called the climate crisis “an existential problem of planetary proportions that imperils all forms of life and the very health of our planet.”
The non-binding opinion, which runs to over 500 pages, was hailed as a turning point in international climate law.
Notably, the court said a “clean, healthy and sustainable environment” is a human right. That paves the way for other legal actions, including states returning to the ICJ to hold each other to account as well as domestic lawsuits, along with legal instruments like investment agreements.
The case was led by the Pacific island nation of Vanuatu and backed by more than 130 countries.
All U.N. member states including major greenhouse gas emitters like the United States and China are parties to the court.
Climate activists had gathered outside the packed court with a banner that read: “Courts have spoken. The law is clear. States must ACT NOW.” Afterward, others emerged laughing and hugging.
“Today, the tables have turned. The world’s highest court provided us with a powerful new tool to protect people from the devastating impacts of the climate crisis — and to deliver justice for the harm their emissions have already caused,” former U.N. human rights chief Mary Robinson said in a statement.
“The ICJ’s decision brings us closer to a world where governments can no longer turn a blind eye to their legal responsibilities. It affirms a simple truth of climate justice: Those who did the least to fuel this crisis deserve protection, reparations, and a future,” said Vishal Prasad, director of Pacific Islands Students Fighting Climate Change.
A panel of 15 judges was tasked with answering two questions: What are countries obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? Second, what are the legal consequences for governments when their acts, or lack of action, have significantly harmed the climate and environment?
