Can countries be sued over climate change?

What’s in today’s article?

• Why in news?
• UN Framework Convention on Climate Change (UNFCCC)
• What is UN Framework Convention on Climate Change (UNFCCC)?
• News Summary: Explained | Can countries be sued over climate change?
• What does the resolution seek?
• What is India’s position?
• Is the advisory opinion of the ICJ binding?

 

Why in news?

• The International Court of Justice (ICJ) has been asked to provide an opinion on what kind of obligations countries have towards climate change reduction, based on the promises they have made to the UNFCCC.
• The United Nations General Assembly (UNGA) passed a resolution in this regard and posed these questions to the ICJ.

 

UN Framework Convention on Climate Change (UNFCCC)

What is UN Framework Convention on Climate Change (UNFCCC)?

• UNFCCC is an intergovernmental treaty developed to address the problem of climate change.
• The Convention has near universal membership (197 Parties).
• The Convention was opened for signature at the June 1992 UN Conference on Environment and Development (UNCED) — also known as the Rio Earth Summit.
  • The UNFCCC entered into force on 21 March 1994.
• The original secretariat was in Geneva.
  • Since 1995, the secretariat has been located in Bonn, Germany.

 

Image caption: UNFCCC

• UNFCCC is the parent treaty of the 2015 Paris Agreement.
  • The main aim of the Paris Agreement is to keep the global average temperature rise this century as close as possible to 1.5 degrees Celsius above pre-industrial levels.
• The UNFCCC is also the parent treaty of the 1997 Kyoto Protocol.

 

News Summary: Explained | Can countries be sued over climate change?

• Recently, the UNGA passed a resolution seeking opinion from the ICJ regarding the accountability of countries towards climate change reduction, based on the promises they have made by these countries to the UNFCCC.
• The resolution passed by consensus had been pushed through by one of the smallest countries in the world, the Pacific Island of Vanuatu.
  • This island was devastated in 2015 by the effects of Cyclone Pam, believed to have been spurred by climate change.

 

What does the resolution seek?

• Asked the ICJ to deliberate on two questions
  • These questions are:
    • What are the obligations of states under international law to ensure the protection of the climate system for present and future generations?
    • What are the legal consequences under these obligations for states where they, by their acts and omissions, have caused significant harm to the climate system.
• The resolution refers to several international protocols including the Paris Agreement (2015), the United Nations Convention on the Law of the Sea and even the Universal Declaration of Human Rights.
• The entire process is expected to take about 18 months for the ICJ to deliberate and deliver its opinion.

 

What is India’s position?

• Cautiously silent about the move
  • India has thus far been cautiously silent about the move, although it is generally supportive of the need for climate justice.
  • India is also vocal in holding the developed world accountable for global warming.
  • It has referred the resolution to legal authorities in the country who will look into the implications and international ramifications of the ICJ opinion.
• India did not co-sponsor the draft resolution
  • India did not join the overwhelming majority of countries that co-sponsored the draft resolution.
• Wait and watch mode
  • India is watching how global powers like the U.S. and China respond to the resolution, as without their support, it will be hard to implement.
• India does not want top-down approach in climate change discussion
  • India was among the countries which voiced concerns about whether launching a judicial process was the best way to reach shared goals.
    • Successfully tackling the climate crisis is best achieved via diplomatic efforts.
  • As per India, top-down approach is not needed in the discussion around climate change.

 

Is the advisory opinion of the ICJ binding?

• The ICJ is being asked for an advisory opinion, which by definition would not be legally binding as an ICJ judgment.
• However, its clarification of international environmental laws would make the process more streamlined.
• The ICJ opinion would carry legal weight and moral authority in dealing with contentious issues such as:
  • climate reparations by the developed world,
  • legal culpability for countries that do not achieve their NDC promises, and
  • climate support to the most vulnerable parts of the world battling the effects of global warming.
• This is significant as according to the latest IPCC Synthesis report, global climate levels have already increased 1.1 degrees since pre-industrial levels in the past century.
  • Deep cuts in greenhouse gas emissions reductions, as much as by a half, are required by 2030 to keep this goal.

 

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Q1) What is International Court of Justice (ICJ)?

 The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in 1945 and is located in The Hague, Netherlands. The ICJ is responsible for settling legal disputes between states and for giving advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies.

 

Q2) What is United Nations General Assembly (UNGA)?

 The United Nations General Assembly (UNGA) is one of the six principal organs of the United Nations (UN) and is composed of all 193 member states of the UN. It meets annually in New York City to discuss and coordinate international issues, to make recommendations on peace and security, and to promote cooperation among member states in the economic, social, and humanitarian fields.

 

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Source: Explained | Can countries be sued over climate change? | World Bank | UNFCCC