Over 100 Countries to Make Entries as Landmark Climate Case Begins at UN Court

The International Court of Justice (ICJ) will begin historic hearings on Monday that could set significant legal precedents for how countries must address climate change. The case, which has drawn unprecedented global attention, aims to establish legal obligations for nations to protect the planet from climate change and to assist vulnerable nations affected by its impacts.

The proceedings, which will begin with statements from Vanuatu and other Pacific island nations at risk from climate change, are set to last two weeks. More than 100 countries and organizations, the largest number ever in an ICJ case, will make submissions on the key legal questions raised. The ICJ’s advisory opinion, though non-binding, is hoped by climate activists to have wide-reaching legal consequences, potentially influencing national policies and future climate litigation.

The case stems from a UN General Assembly resolution that referred two major climate questions to the ICJ. The first concerns the legal obligations of states under international law to protect the global climate system from harmful greenhouse gas emissions. The second question addresses the legal consequences when states’ actions or inactions result in significant harm to the climate and vulnerable populations, particularly small island nations threatened by rising sea levels and extreme weather patterns.

The ICJ’s advisory opinion is expected to provide a legal framework, though not necessarily specific solutions, that can guide future climate litigation at national and international levels. This could include determining how countries are legally responsible for climate harm and how they should compensate or assist those most affected.

Among the countries participating in the case are some of the world’s largest carbon emitters, including China, the United States, and India. The outcome could have significant implications, especially as global emissions continue to rise. According to recent data from the Global Carbon Project, CO2 emissions from burning fossil fuels have reached a new record high, highlighting the urgent need for international action to address climate change.

The case comes shortly after the COP29 summit in Azerbaijan, where wealthy nations agreed to raise $300 billion annually by 2035 to assist poorer nations in transitioning to cleaner energy and adapting to climate impacts. However, many developing countries criticized this commitment as insufficient, particularly since the summit did not include a binding pledge to phase out fossil fuels.

Ralph Regenvanu, special envoy for Vanuatu, emphasized that the ICJ’s opinion represents a pivotal moment for clarifying international climate obligations, particularly for island nations on the frontline of climate change. While the case is not expected to provide specific solutions, it is seen as a crucial step toward defining legal responsibility for global climate action.