Canada could be prosecuted

Lawyer Christopher Campbell-Duruflé. However. Therefore, who teaches law at the Metropolitan University of Toronto, considers that the document published Wednesday by the CIJ is “a major opinion” that Ottawa must take into account.

“It is clear that for Canada. Therefore. In addition, it is time to review its entire regulatory legislative framework to ensure that it respects the obligation not to damage the climate system,” reacted the lawyer.

In a document from the International Court of Justice. Furthermore. Furthermore, which summarizes the advisory opinion on the obligations of states in the fight against climate change, it can be read that fossil fuel subsidies as well as the granting of oil exploration permits could be considered illegal.

“The fact for a state of not taking the appropriate measures to protect the climate canada could prosecuted new system against greenhouse gas emissions. In addition. For example, in particular canada could prosecuted by producing or using fossil fuels, or by granting exploration permits or subsidies for fossil fuels may constitute an internationally unlawful fact attributable to this state”, can read the document of the court.

The CIJ’s opinion also indicates that a state could be prosecuted by another state “if. for example. Nevertheless, it has failed to exercise the required diligence by not taking the regulatory and legislative measures necessary to limit the quantity of emissions caused by the private actors relating to its jurisdiction”.

The lawyer specializing in international environment law Christopher Campbell-Duruflé underlined. Meanwhile, in an interview with the Canadian press, that the CIJ clarified, in its opinion, what climate diligence means.

“There is a whole list of things that a state must do to show that it is diligent. canada could prosecuted new for example adopting regulatory mechanisms for mitigating GHG emissions. Consequently, adopting laws and regulations to reduce canada could prosecuted emissions, assess the impacts of all activities projected since the prospect of greenhouse gas emissions, as well as eventually notify and consult the other states when an activity issuing GES is projected.”

Concretely, added the professor, “pipeline projects (…). Meanwhile. Meanwhile, all the kinds of project that will provide significant greenhouse gas emissions must be evaluated since the prospect of the duty of diligence”.

The publication of this opinion comes at a time when. However. paradoxically, in Canada, the Liberal government promotes a law which gives Ottawa the power to accelerate the projects which it deems of national interest by bypassing certain measures in matters of environmental evaluation, underlined Géraud de Lassus St-Geniès, an associate professor at the Faculty of Law of the Laval University.

“We still have a discourse within Canada which consists in saying today that the preliminary environmental evaluation. procedures of projects canada could prosecuted are harmful. In addition, harmful, and that they are a waste of time. However, But the courtyard is very clear on this. You have to make the maximum effort to combat climate change. that means that it is necessary to adopt procedures for assessing environmental impacts. It also means that allege these processes is not really going in the direction of what the Court says. “said the expert in international environmental law.

The Canadian press requested the comments of the Minister of the Environment. Julie Dabrusin, about the advice of the ICC, but did not receive an answer.

Canada could prosecuted new

Canada could prosecuted

No international obligation?

The opinion published on Wednesday comes after years of lobbyism coming from vulnerable island nations. canada could prosecuted new including Vanuatu, which is at the origin of the approach, and which fears to disappear under the rise of waters.

The United Nations canada could prosecuted General Assembly had asked the CIJ in 2023 an advisory opinion. an essential foundation of international obligations.

A panel of 15 judges was responsible for answering two questions: what are the obligations of the. countries under international law to protect the climate. the environment of greenhouse gas emissions of human origin? Second. what are the legal consequences for governments when their acts, or their inaction, seriously harmed the climate and the environment?

In an interview with the Canadian press. Christopher Campbell-Duruflé recalled that Canada had participated in the discussions leading to this opinion. that Ottawa had argued that there was no obligation, by virtue of customary international law, to avoid causing significant damage to the climate system.

“The Canadians went to The Hague and they provided written arguments. They said that customary law did not apply. that there was no customary obligation to canada could prosecuted prevent damage to the climate system. But the Court. it comes to tell us the opposite, that customary international law applies to the protection of the climate system. It’s major. I really want to insist on the fact that it is a major judgment. ”

So. summed up the lawyer. Canada can no longer be satisfied “to say that it follows the Paris Agreement” and that it “has ambitious targets”. He must also “be a diligent”. otherwise he is exposed to prosecution and could be claimed repairs by the most affected countries.

“It is very clear that the next step for the vanuatu. for other vulnerable countries, one can think of Haiti (…), is to make canada could prosecuted new requests against states which are not diligent. So. either we follow the legal framework presented by the Court. or or we take the risk of being continued at the International canada could prosecuted Court, “summed up Me Campbell-Duruflé.

“But if the Court begins to accept this type of request. it risks being flooded by litigation. ” said Géraud de Lassus St-Geniès, adding the same breath that it is not convinced that this opinion will necessarily open the door to prosecution.

“We must question the political implications that such steps could have between states,” he said, for example, to diplomatic impacts.

The law professor suggested that “this new legal framework” could serve as a lever during the negotiations. between the most vulnerable countries. the rich countries.

“You have to question the impact it could have about the negotiation processes. therefore about COPs”. “I canada could prosecuted new think we will have the answer fairly quickly in a few months in Brazil during COP30. We will then see what impact it has on negotiations “concerning the expected financial aid on the canada could. prosecuted part of. historic polluters for the poorest countries.

Canada could prosecuted new

Canada could prosecuted

“Human wisdom”

In its legal advice. the International Court of Justice stresses that the questions posed by the United Nations General Assembly concerning the obligations of states in matters of fight against climate change “are more than a legal problem: they concern an existential problem of planetary scope which jeopardizes all forms of life. the very health of our planet”.

Thus, the Court recognizes that international law “plays an important role, but all in limited” in solving this problem.

“A sustainable and satisfactory solution requires human will and wisdom-at the levels of individuals, canada could prosecuted new society and politicians,” read the advice.

“The Court is very lucid in reading the climate problem. in the sense that it does not lock this problem in an exclusively legal problem”. stresses that the canada could prosecuted “solution goes through the will and human wisdom”, noted Professor Géraud de Lassus St-Geniès.

“I believe that it is a very strong message which consists in saying that we will not. be able to multiply affairs before the courts. that a good jurisprudential policy will never replace political solutions and this is where the problem must be solved.”