World’s highest court to determine countries’ climate obligations after UN vote

The world’s highest court will for the first time establish climate obligations for the world’s biggest polluters after the Pacific Island nation of Vanuatu won a historic vote at the United Nations on Wednesday.

Long plagued by rising seas and worsening storms, Vanuatu had in 2021 launched a call for the UN International Court of Justice to provide an advisory on the legal responsibility of governments to fight the climate crisis, equating it to a human rights issue.

The resolution for an advisory opinion passed by a majority, backed by more than 130 countries. Two of the world’s largest climate polluters, the US and China did not express support but did not object, meaning the measure passed by consensus.

While the advisory opinion will be non-binding, it will carry significant weight and authority and could inform climate negotiations as well as future climate lawsuits around the world. It could also strengthen the position of climate-vulnerable countries in international negotiations.

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This is the first time the highest international court has been called on to address the climate crisis. The landmark decision is “essential,” said António Guterres, UN Secretary General, in his remarks to the assembly. “Climate justice is both a moral imperative and a prerequisite for effective global climate action.

Advisory opinions have “tremendous importance and “can have a long-standing impact on the international legal order,” Guterres said.

“Today we have witnessed a win for climate justice of epic proportions,” said Ishmael Kalsakau, prime minister of Vanuatu, soon after the resolution was adopted. “The very fact that a small Pacific island nation like Vanuatu was able to successfully spearhead such a transformative outcome speaks to the incredible support from all corners of the globe.”

Pacific Island nations as well as many other countries in Asia and Africa continue to suffer from hotter temperatures, worsening droughts, rising sea levels, and increasingly intense cyclones.

Scientists say these storms are intensifying as the planet warms and will continue to carry a tremendous economic toll. The major sticking point has been consequence management for the worst polluters.

After the Paris Climate Agreement, rich nations committed to contributing $100 billion a year to help vulnerable countries adapt to climate change, but they have largely reneged. Climate activists are optimistic that Wednesday’s vote could be the first step to holding them accountable.