The decision by the International Court of Justice on the responsibility of states to protect the rights of current and future generations to a clean, healthy, and sustainable environment is the most far-reaching legal statement on the issue to date.
The verdict, delivered in the Hague last week, has immense implications in spelling out who is responsible for climate change and an overheating world. It has brought consolation to states that are most vulnerable to human-induced global warming, particularly Africa and low-lying Pacific island states who were instrumental in having the case heard at the UN court. It is a key decision which should guide delivery of climate justice across the planet.
It is considered the clearest legal affirmation to date that cooperation among states to address climate change is not optional, but rather is a binding obligation. Governments must tackle fossil fuels, the single biggest contributor to the climate crisis. Critically, failing to prevent harm to the climate could result in them being ordered to pay reparations or other forms of restitution.
While this is an advisory opinion, it provides unprecedented legal clarity on how existing international norms apply to addressing climate change, with significant implications for fossil fuel production and transitioning to a clean energy future. Moreover, the courts also found states were legally liable for the actions of the private sector and must regulate corporate activities.
READ MORE
According to environmental law specialists, the ruling could open the door for more litigation against corporate carbon polluters and allow for states to return to the ICJ to hold each other to account. The world’s largest emitters are most liable. Within that cohort, major economies – notably the US, China, India and Russia as well as petrostates – will not be deterred by this outcome. Their attempts to justify continued fossil fuel extraction have been rejected by the world’s highest court. The spectre of reparations will lurk around every corner for decades to come.
Fossil fuel companies, especially those recently reverting to the core activities of generating oil and gas and divesting from renewables, should take heed of this judgement as such activity will be regarded as reckless – and aggravated damages will be justified. This decision will embolden progressive countries increasingly aware that swift emissions reductions are needed to ensure a safe future for humanity.
The Irish Government in line with its wish to be a global leader in addressing the climate crisis should be proactive and consider enshrining the right to a healthy environment in the Constitution. And it must join others in taking concerted global action by reducing emissions, removing carbon, restoring ecosystems and building resilience for what is come.
