The Hague-based International Court has issued a historic opinion on climate change, potentially setting a legal benchmark for action worldwide. The decision was requested by the U.N. General Assembly after years of lobbying by vulnerable island nations who fear they could disappear under rising sea waters. The panel of 15 judges was tasked with answering two questions: what are countries obliged to do under international law to protect the climate and environment from human-caused greenhouse gas emissions and what are the legal consequences for governments when their acts or lack of action have significantly harmed the climate and environment.
Vanuatu, one of a group of small states pushing for international legal intervention in the climate crisis, is one of a group pushing for international legal intervention in the South Pacific. The decision would be non-binding advice and unable to directly force wealthy nations into action to help struggling countries. However, it could serve as the basis for other legal actions, including domestic lawsuits.
Activists could bring lawsuits against their own countries for failing to comply with the decision, and states could return to the International Court of Justice to hold each other to account. The United States and Russia, both major petroleum-producing states, are staunchly opposed to the court mandating emissions reductions.
