Pacific

Oral submissions wrap in climate court case; opinion expected 2025

14:09 pm on 16 December 2024

The International Court of Justice hearings which began earlier this month. Photo: Screengrab / UN Web TV

Oral submissions to the International Court of Justice (ICJ) on a climate change case have wrapped up.

Pacnews reports Vanuatu's Attorney-General Arnold Kiel Loughman saying the two weeks of oral hearings at the ICJ have highlighted a compelling legal case.

"We have argued, one statement after the other, that international environmental laws and fundamental human rights are applicable international legal obligations that must not be excluded from states' responsibilities in the context of climate change," he said.

Australia, meanwhile, argued the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement are the primary sources of international obligations to address greenhouse gas emissions.

Vanuatu seeks to hold polluting countries to account

Vanuatu's climate envoy Raplh Regenvanu said he was disappointed by Australia's position, along with what was shared from the United States, Saudi Arabia, and China.

The ICJ is considering two questions related to countries' legal responsibilities in regards to climate change].

They are: What are the obligations of states under international law to protect the climate and environment from greenhouse gas emissions?

And, what are the legal consequences for states that have caused significant harm to the climate and environment?

The advisory opinion - which will be non-binding - is expected in 2025.

In a statement, the ICJ said 96 states and 11 international organizations presented oral statements.

It said the Court's advisory opinion will be delivered at a public sitting, with the date set to be announced in due course.

Previously, Ralph Regenvanu said a ruling on climate change obligations from the ICJ - although non-binding - would draw a line in the sand.

Ralph Regenvanu said this year's UN climate conference - COP29 in Baku - was frustrating, with high-emitting states still doing fossil fuel production and the development of new oil and coal fields.

Regenvanu said a ruling from the ICJ would send the message that 'international law says you cannot do this'.

In Baku, countries agreed to an annual finance target of US$300 billion by 2035 to help poorer countries deal with impacts of climate change, with rich countries leading the payments.

The new goal was intended to replace developed countries' previous commitment to provide $100 billion per year in climate finance for poorer nations by 2020. That goal was met two years late, in 2022, and expires in 2025.

The COP29 agreement was criticised by developing nations, who called it insufficient, but United Nations climate chief Simon Steill hailed it as an insurance policy for humanity.