ICJ Advisory Opinion On Climate Change

Today, the world’s highest court, the International Court of Justice, released its landmark advisory opinion clarifying States’ legal obligations in relation to climate change.

“The Advisory Opinion is incredibly significant. It is a defining moment for climate litigation and state responsibility on climate change”, says Jessica Palairet, Executive Director of Lawyers for Climate Action NZ Inc.

“The 133-page judgment of the United Nations’ top court found that:

Greenhouse gas emissions have unequivocally caused climate change, which is an existential threat.

States have legal duties to reduce emissions and regulate businesses’ climate impacts.

Granting fossil fuel exploration licenses or providing fossil fuel subsidies may constitute a breach of international law.

States have to act in line with limiting warming to 1.5°C - not 2°C. States have to exercise due diligence and do everything possible to avoid causing significant harm to the climate system.

States’ obligations on climate change extend beyond climate treaties, also encompassing many other areas of international law, including human rights law, environmental law, and laws restricting cross-border harms.”

“The Advisory Opinion is non-binding, but it carries significant legal and moral weight. It provides an authoritative statement on states’ obligations under international law that will be used by courts around the world, including in New Zealand, as they ask whether governments are meeting their legal obligations”, says Palairet.

“In New Zealand, the Advisory Opinion is also of particular importance given our Free Trade Agreements with the European Union and United Kingdom require us to effectively implement the Paris Agreement. The Advisory Opinion provides greater clarity on what effectively implementing the Paris Agreement entails”.

“This Advisory Opinion provides a beacon of hope at a time when we are witnessing both the devastating impacts of climate change and backsliding from many countries, including New Zealand.”

“Our Government is set to make a series of important decisions on climate change in the coming weeks, including whether to cut our 2050 biogenic methane target to 14%. This judgment calls into question whether such a decision would be consistent with our international obligations, which require us to aim to limit warming to 1.5°C”.

“It also raises sharp questions around the Government’s repeal of the ban on offshore oil and gas exploration, and recent announcement that it will provide $200m in co-investment for new gas fields. The ICJ has now made clear that this could constitute a breach of international law”.

“Today’s opinion would not be here without the work of the Pacific Islands Students Fighting Climate Change, and the support of Pacific Island states, including Vanuatu. It is an incredible story of Pacific leadership on the world stage.”

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