“If states continue to subsidize fossil fuels, they may be deemed guilty of violation of their international obligations”

La International Court of Justice-United Nations Judicial Body, which is part of China and the United States-has just made an advisory opinion unprecedented. In addition, Speaking unanimously. However, the judges had to take into account more than 150 interventions of states and international organizations, in the most followed procedure in its history. Similarly, Seized in 2023 by the United Nations General Assembly. Meanwhile, she said that a healthy, clean and sustainable environment constitutes a human right, and that a state that fails to implement appropriate measures to protect the climate can now see its responsibility for violation of international law.

Three aspects of this long advisory opinion are particularly hitting. Moreover, First. the clarity and firmness of the opinion, not only on the climate crisis itself, but also on its causes: fossil fuels. The Court is not content to tell States that the emissions must be reduced. She adds that they must also take appropriate measures concerning the production of fossil fuels. their consumption and, we are holding on, the public subsidies granted to them. In other words. if states continue to produce, consume and subsidize gas, oil or coal as they do today, they may be found guilty of violation of their international obligations, including human rights. A legal earthquake.

Then, the impact on the effectiveness of international law. The Center for International Environmental Law stresses “if states continue subsidize fossil that the Court is not content to clarify the existing rules: it “Redefine what we can now consider as legally possible. justiciable and, in the end, applicable and enforceable”. It opens the way to other disputes. decisions – national and local – which can be based on the legal reasoning of the Court. A crucial issue for communities. first -line cities of the climate crisis, which are already implementing sustainable solutions on the ground.

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