CIJ: towards an obligation of “repairs” for polluters

The “violation” of obligations climatic By a state constitutes “an internationally illicit fact engaging its responsibility”, likely to trigger repairs to the affected countries, under certain conditions and on a case -by -case basis, concludes on Wednesday unanimous International Court of Justicehighest jurisdiction of the United Nations, in an advisory opinion.

“The legal consequences resulting from the commission of an internationally illicit fact may include […] The full compensation for the damage suffered by the states injured in the form of restitution, compensation and satisfaction, “said the president of the International Court of Justice, Yuji Iwasawa, after two hours of reading the opinion in The Hague.

The court adds that a direct and certain causal link must be established “between the illicit fact and the damage”, certainly difficult to establish before a jurisdiction but “not impossible”, however, conclude the 15 judges of the CIJ.

Strict obligations to protect the climate

States have “strict obligations to protect the climate system”, including future humans, the Court said on Wednesday. “Regarding the obligation to prevent significant damage to the environment, the Court considers that it also applies to the climate system, which is an integral part and is an essential component of the environment, and which must be protected for present and future generations,” said the president of the court, Yuji Iwasawa, by synthesizing the opinion to Haye during a hearing.

“The harmful effects of climate change are likely to significantly compromise the effective enjoyment of certain human rights, such as the right to health” and “the right to an adequate standard of living,” he also said.

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