The Hague — The International Court of Justice (ICJ) concluded hearings on Wednesday over the legal obligations of states to address climate change and whether major greenhouse gas emitters can be held liable for the damage inflicted on small island nations. The court’s advisory opinion on the matter, expected in 2025, could significantly influence global climate litigation.
Over two weeks of proceedings, nearly 100 countries and organizations presented arguments. Small island states and developing nations, which are disproportionately affected by climate change, called for binding measures to curb emissions and for financial support from wealthier, polluting nations.
“On the current trajectory of greenhouse gas emissions, Tuvalu will disappear completely beneath the waves,” Dr. Eselealofa Apinelu of Tuvalu said, emphasizing the existential threat faced by her nation and others like it.
Meanwhile, large emitters such as the United States, China, Saudi Arabia, and some EU countries argued that existing non-binding climate treaties like the Paris Agreement should serve as the framework for determining state obligations.
“China hopes that the court will uphold the UN climate change negotiations mechanism as the primary channel for global climate governance,” said Ma Xinmin, a legal adviser to China’s Foreign Ministry. Representatives of Saudi Arabia echoed this sentiment, emphasizing that Nationally Determined Contributions (NDCs) under the Paris Agreement represent an “obligation of best efforts, not of results.”
However, small island nations spearheading the legal initiative, supported by countries like Vanuatu, urged the ICJ to recognize the harm caused by climate change and set clear precedents.
Legal experts stress that while ICJ opinions are non-binding, they carry significant legal and political weight. “The power of an ICJ opinion lies in the clear message and guidance it will send to courts worldwide grappling with state obligations to address the climate emergency,” said Nikki Reisch, director of the Climate & Energy Programme at the Center for International Environmental Law.
The hearings spotlight the ongoing debate between developed and developing nations over the need for more enforceable climate policies. The ICJ’s forthcoming opinion could shape the future of international law and reinforce global accountability in the fight against climate change.