The United Nations’ top court, the International Court of Justice (ICJ), begins historic hearings on Monday to establish legal principles for how countries should protect the planet from climate change and support vulnerable nations facing its impacts.
Representatives from Vanuatu and other low-lying Pacific island nations will lead the opening session at the Peace Palace in The Hague at 10:00 a.m. (0900 GMT). Over the next two weeks, more than 100 countries and organizations—an unprecedented number—will present their submissions before the 15-judge panel.
The ICJ’s advisory opinion, while non-binding, is expected to carry significant weight in shaping international climate policy and legal frameworks. Activists hope the decision will create far-reaching obligations for countries, while skeptics caution it could take years for the court to deliver and may have limited practical impact.
The hearings follow the conclusion of the COP29 climate summit in Azerbaijan, where wealthy nations agreed to mobilize at least $300 billion annually by 2035 to help developing countries transition to renewable energy and adapt to climate impacts. However, the agreement faced criticism from developing nations as insufficient and failed to include a commitment to phase out fossil fuels.
“We are on the frontline of climate change impact,” said Ralph Regenvanu, Vanuatu’s special envoy and a key proponent of the ICJ initiative. “This moment is pivotal in clarifying the international legal obligations for climate action,” he told reporters.
Key Questions Before the Court
The UN General Assembly’s resolution referring the case to the ICJ poses two critical questions:
1. What legal obligations do states have under international law to protect the climate system from harmful greenhouse gas emissions?
2. What are the legal consequences for states that fail to meet these obligations, particularly when their actions or inactions cause significant harm to other nations?
The second question is especially relevant for vulnerable nations like Vanuatu, which face existential threats from rising sea levels and extreme weather events.
Potential Impact of the ICJ’s Opinion
Joie Chowdhury, a senior lawyer at the Center for International Environmental Law, noted that while the ICJ’s opinion may not provide detailed answers, it could offer “a legal blueprint” for future climate litigation. She expects the court’s findings, anticipated next year, to influence both domestic and international climate cases.
Notably, major carbon emitters, including China, the United States, and India, will participate in the hearings. These nations account for a significant share of global greenhouse gas emissions, which reached record highs this year according to preliminary data from the Global Carbon Project.
Despite a global agreement in 2015 to limit warming to 1.5 degrees Celsius above pre-industrial levels, progress remains inadequate. Activists and vulnerable nations hope the ICJ’s intervention will provide the legal clarity needed to enforce climate commitments and hold polluters accountable.
