Key Points
1. Context
- The International Court of Justice (ICJ) delivered a landmark advisory opinion on states’ legal obligations concerning climate change.
- Though not binding, ICJ opinions are authoritative interpretations of international law, influencing state behaviour via international pressure.
- Example: UK’s compliance with ICJ opinion in the Chagos Islands case.
2. States Cannot Ignore Climate Duties
- ICJ unanimously ruled that states have legal obligations to protect the climate system and can face consequences for failing to meet them.
- Other international courts (International Tribunal for the Law of the Sea, Inter-American Commission on Human Rights) have also upheld similar obligations.
3. Interpretation of Climate Treaties
- ICJ interpreted multiple treaties together — UNFCCC, Kyoto Protocol, Paris Agreement — to strengthen enforceability.
- It clarified that Nationally Determined Contributions (NDCs) must reflect a country’s highest possible ambition and be backed by reasonable measures to meet them.
- States cannot hide behind “flexibility” clauses to avoid action.
4. Common but Differentiated Responsibilities (CBDR-RC)
- ICJ emphasised differentiated responsibilities based on historical emissions, levels of development, and national circumstances.
- Developed nations have a binding legal duty to provide financial resources and technology to developing countries for mitigation and adaptation.
5. Human Rights Link
- ICJ highlighted that climate action must uphold human rights, especially those of vulnerable communities.
- Withdrawal from climate treaties (e.g., US from Paris Agreement) does not exempt a country from obligations under international law.
6. No Individual State Liability
- Court rejected the idea of holding states individually responsible for all adverse climate impacts because causation is complex.
- Instead, responsibility is based on scientific attribution of each state’s contribution to global emissions.
7. Implications for Global South
- Strengthens legal and moral position of climate-vulnerable countries to demand stronger commitments from developed nations.
- Aids negotiations in forums like the UN General Assembly and COP meetings.
- Seen as a historic legal victory for climate justice, potentially leading to stricter accountability mechanisms.
Possible UPSC Mains Questions
- GS Paper 3 – Environment & Climate Change
“Critically examine the significance of the International Court of Justice’s recent advisory opinion on climate change for strengthening global climate governance.”
