A “clean, healthy and sustainable environment” has been declared a fundamental human right by judges at the International Court of Justice (ICJ). This groundbreaking advisory opinion, delivered on Wednesday, outlines the obligations that nations have in addressing climate change and the potential repercussions they could face if they fail to take action. The opinion, which spans over 500 pages, is anticipated to be a significant turning point in international climate law.
By enshrining a sustainable environment as a human right, the ICJ's opinion opens the doors for various legal actions. This includes the possibility of states returning to the ICJ to hold one another accountable, as well as enabling domestic lawsuits. ICJ President Yuji Iwasawa emphasized the severe and far-reaching consequences of climate change, stating, “These consequences underscore the urgent and existential threat posed by climate change.”
The UN instructed the ICJ to produce this advisory opinion in 2023, following a sustained campaign led by Pacific island law students, backed by the diplomatic efforts of Vanuatu. During two weeks of hearings in The Hague last December, representatives from vulnerable states argued that a select few countries should be held legally accountable for the ongoing impacts of climate change. In contrast, major greenhouse gas emitters have denied any legal responsibility beyond the commitments made in the Paris Agreement on climate change.
The ICJ is the third among four leading courts to issue an advisory opinion on climate change. Earlier this month, the Inter-American Court of Human Rights (IACHR) also recognized the human right to a healthy climate. Both the IACHR and the International Tribunal for the Law of the Sea affirmed that states bear a legal responsibility to regulate greenhouse gas emissions. Meanwhile, the African Court on Human and Peoples’ Rights has just initiated its process regarding this critical issue.
As the court with the broadest jurisdiction, the ICJ plays a crucial role in harmonizing and integrating international law. While advisory opinions are technically non-binding, they carry significant weight as they encapsulate existing legal principles rather than creating new laws. These opinions are expected to be influential in future litigation and to enhance political negotiations around climate change.
Jotham Napat, the Prime Minister of Vanuatu, heralded this ruling as a “turning point in the fight for climate justice.” He stated, “This process has elevated the voices of climate-vulnerable nations, driven global awareness, and set the stage for stronger climate action.” Napat expressed optimism that this ruling will provide a robust foundation for future efforts aimed at accountability and inspire bold initiatives to safeguard our planet.
Further details and developments regarding this landmark ruling will be provided soon.
