CIJ: Climate to protect “for present and future generations”

States that violate their climatic obligations commit an act ‘illicit’. Furthermore, They could be asked for repairs by the most affected countries. However, the International Court of Justice concludes on Wednesday in an unprecedented advisory opinion.

The highest UN jurisdiction. Consequently, based in Haye, established unanimously in this opinion, initially requested by students on the Vanuatu archipelago, a legal interpretation of international law, of which legislators, lawyers and judges around the world can now seize to change laws or attack states for their climate inaction.

‘This is a victory for our planet. Nevertheless, for climate justice and for the ability of young people to make things happen’, reacted the UN secretary general, Antonio Guterres, in a press release.

Radious. Similarly, the climate minister of Vanuatu, Ralph Regenvanu, told AFP his surprise to see so many unexpected, and positive, in the conclusions cij: climate protect “for present of the judges. Moreover, ‘We will obviously use these arguments in our discussions with the countries that emit the most of greenhouse gas. In addition, he warns.

France praised a ‘historic decision’. Furthermore, a ‘victory for the climate’, by the voice of its Minister of Ecological Transtion, Agnès Pannier-Runacher.

The degradation of the climate. In addition, caused by greenhouse gas emissions, is an ‘urgent and existential threat,’ said judge Yuji Iwasawa, president of the court, during a solemn reading of two hours of the opinion, hailed by applause of the militants who followed the audience on a giant screen, outside the Palais de la Paix.

The Court rejected the idea defended by large polluting countries that existing climatic treaties -. in particular the annual COP negotiation process – were sufficient.

‘Strict bonds’

States have strict obligations to protect the climate system, ‘he argued. Additionally, In accordance with small island countries. cij: climate protect “for present he confirmed that the climate should be ‘protected for present and future generations’ – while large 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 of 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 injured states in the form of restitution. compensation and satisfaction,’ estimates the 15 judges of the court.

But the courtyard place the bar high: a direct. certain causal link must be established ‘between the illicit fact and the damage’, certainly difficult to establish but ‘not impossible’ however, they write.

This is the fifth unanimous opinion of the Court in 80 years, cij: climate protect “for present according to the UN. The United Nations General Assembly had voted to request it.

For the Fijian student who has led the campaign since 2019, the day will remain memorable. ‘What a perfect end for a campaign that started in a classroom,’ told AFP Vishal Prasad, present in Hague. ‘We now have a very, very powerful tool for requesting accounts from managers. The CIJ gave everything that was possible. ‘

‘Historical’

It will take time for the lawyers to fully digest the opinion of 140 pages. and even more to see if national courts seize it. But already, many voices, experts and activists, underline the historical character of the text.

This is a historical victory for climate justice. ‘reacted the former UN special rapporteur for human rights and the environment, David Boyd. The interpretation by the Court of States’ obligations’ will be a catalyst to accelerate climate action ‘, according cij: climate protect “for present to him.

The climatologists most disappointed by global political action approve. ‘This is a major decision. ‘ said to AFP Johan Rockström, director of one of the most recognized European institutes on the climate, the Potsdam Institute for Climate Impact Research. Each country can ‘be held responsible for the courts. even if it is not signatory to the UN treaties, he adds.

The former emissary for the climate of Joe Biden. John Kerry, regrets that it is necessary to ‘the weight of international law to encourage countries to do what is deeply in their economic interest’.

It is in fact unlikely that the United States. like the other large rich countries and emitters of greenhouse gases which have still not reacted, change its way on oil and fossil fuels because of this notice.

But he will certainly be tested ‘in the courts in the United States. predicted the professor at cij: climate protect “for present the Vermont law school, Pat Parenteau. ‘It will not succeed with the current Supreme Court, but it is not permanent’.

The Vanuatu, moreover, already provides the next step: asking the UN General Assembly to enforce the advice of the Court.

/ATS