Climate: CIJ paves the way for an obligation of “repairs” for polluting countries

States that violate their climatic obligations commit an “illicit” act and could be claimed reparations by the most affected countries, concludes the International Court of Justice on Wednesday in an unprecedented advisory opinion, intended to influence global case law.

The highest jurisdiction of theHimbased in The Hague, establishes unanimously in this opinion, initially requested by students of the Vanuatu archipelago, a legal interpretation of international law, including legislators, lawyers and judges around the world can now seize to change laws or to court the States for their climate inaction.

The degradation of the climate, caused by greenhouse gas emissions, is a Urgent and existential threatsaid judge Yuji Iwasawa, president of the court, during a two -hour speech.

The Court rejected the idea defended by large polluting countries that existing climatic treaties – and in particular the process of negotiating COP annuals – were sufficient.

States have strict obligations to protect the climate systemhe argued. In accordance with small island countries, he confirmed that the climate should be protected for present and future generations – While the major polluting countries absolutely refused to legally recognize the rights of individuals not yet born.

The most substantial part of the opinion, and which will arouse the most resistance among rich countries, stems, according to the Court, from these obligations: the compensations due to the countries ravaged by the climate.

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 satisfactiona declared Yuji Iwasawa.

Links to prove

But the court adds that a direct and certain causal link must be established Between the illicit fact and the damagecertainly difficult to establish before a jurisdiction, but not impossible However, according to the 15 judges of the Bread.

This is the fifth unanimous opinion of the court in 80 years, according to theHim.

Climate change is not just an educational exercise … We live it on a daily basissaid to theAFP Fijian student Vishal Prasad, 29, who launched the campaign in 2019 with other students from the University of the South Pacific, in Vanuatu.

Name D ‘ONG And activists impatiently awaited this opinion, frustrated by the inaction or the slowness of large polluting countries to reduce their combustion of oil, coal and gas.

A few dozen were present Wednesday at the Palais de la Paix, seat of the Breadbehind a printed banner before the proclaiming audience: The courts have spoken – governments must act now.

Two questions at the heart of the opinion

The United Nations had responsible, by a vote of the general assembly, the Bread to answer two questions.

• Firstly: what obligations do states have under international law to protect the land against greenhouse gas emissions, mainly generated by the combustion of oil, coal and gas, for present and future generations?
• Second: what are the legal consequences of these obligations for states whose emissions have caused environmental damage, in particular towards the vulnerable island states of low altitude?

The Court had to organize the biggest audiences in its history, during which more than 100 nations and groups spoke, in December at the Palais de la Paix.

The climate battle is increasingly investing in courts, whether national or international, to impose a climate action of a magnitude that political negotiations cannot trigger – a fortiori at a period when Europe and the United States slow down or retreat on their commitments.

THE COP Annuals have certainly made it possible to change the warming forecasts, but this is still very insufficient to hold the limit objective of 2 ° C, compared to the pre -industrial era, set by the 2015 Paris Agreement. Warming in the world has already reached at least 1.3 ° C.

International law is built with such opinions, explained to theAFP Andrew Raine, from the legal department ofHim Environment. They clarify the way in which international law applies to the climate crisis, which has repercussions on national courts, legislative processes and public debates.