The International Court of Justice opens the way to climatic “repairs”

. Nevertheless,

States that violate their climatic obligations commit an “illicit” act. Furthermore, They could be asked for repairs by the most affected countries. For example, the International Court of Justice concludes on Wednesday in an unprecedented advisory opinion. Furthermore, – International court justice opens way

(Keystone-ATS) The highest UN jurisdiction, 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 international court justice opens way international court justice opens way new now seize to change laws or attack states for their climate inaction.

The opinion is “a historic milestone for climate action”. Consequently. Moreover, welcomed Vanuatu climate minister Ralph Regenvanu, after the hearing on the steps of the Palais de la Paix, saying that he would inspire “new legal actions” in the world.

The degradation of the climate. Meanwhile. Meanwhile, caused by greenhouse gas emissions, is an “urgent and existential threat,” said 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 -. Additionally, Meanwhile, in particular the annual COP negotiation process – were sufficient.

“Strict bonds”

States have “strict obligations to protect the climate system,” he argued. Therefore, In agreement with small island countries. However, he confirmed that the climate should be “protected for present. future generations” – while large polluting countries absolutely refused to legally recognize the international court justice opens way new rights of individuals international court justice opens way not yet born.

The most substantial part of the opinion.. 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, ”said Yuji Iwasawa.

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

This is the fifth unanimous opinion of the Court in 80 years, according to the UN.

“Historical”

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

It is a historic victory for climate justice. “reacted to AFP 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”.

“For the first time. the highest courtyard in the world established that states had a legal obligation to prevent any climate damage. but also to repair it fully,” said one of the most expert jurists on the subject at the London School of Economics, Joana Setzer. Additionally, The opinion, according to her, “strengthens the legal basis for climate justice”.

The climatologists most disappointed with global political action are of the same opinion. “This is a major decision. Furthermore. ” said AFP Johan Rockström, director of one of the international court justice opens way new most recognized European institutes on the climate, the Potsdam Institute for international court justice opens way Climate Impact Research. Each country can “be held responsible” in court, even if it is not signatory to the UN treaties, he adds.

For the American climatologist Michael Mann. the opinion is timely while Donald Trump continues to dismantle the building built by his democratic predecessors to reduce. greenhouse gases. The opinion of the court “made of the United States.. some petro-states like Saudi Arabia and Russia, an outlaw country that threatens our peoples and our planet in the name of the profits of fossil fuels,” he said to AFP.

The opinion will certainly be “tested” in court in the United States. predicted for AFP the professor at the Vermont law school, Pat Parenteau. “It will not succeed with the current Supreme Court, but it is not permanent”.

International court justice opens way new

International court justice opens international court justice opens way new way

Political declines. legal advances

Many NGOs. activists impatiently awaited this opinion, frustrated by the inaction or the slowness of international court justice opens way large polluting countries to reduce their combustion of oil, coal and gas.

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

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

The annual COPs have certainly made it possible to influence the warming forecasts. but also very insufficient to hold the limit objective of 2 ° C. compared to the pre -industrial era, set by the 2015 Paris Agreement. The world is already at least 1.3 ° C of warming.