Harmful Effects of Climate Change Revealed at the International Court of Justice – Global Issues
THE HAGUE & SRINAGAR, Dec 04 (IPS) – The International Court of Justice in The Hague heard about the dire consequences of climate change, including its impact on indigenous communities, during day two of ten days of hearings. The court discusses the obligations under international law of UN members to protect people and the environment from climate change. At the International Court of Justice on Tuesday, December 4, 2024, Brazil called for climate justice, and Canada urged urgent action on climate change. “the biggest challenge” in the world, while China promotes equality and development rights. These 98 countries will make presentations during the two-day hearing, after which the court will issue an advisory opinion.
The court’s upcoming advisory opinion, expected in 2025, is seen as a critical step in defining states’ obligations to address climate change and address the consequences of inaction.
The proceedings concern international environmental law, human rights treaties, and multilateral agreements. On December 3, representatives from Brazil, Canada and China presented their arguments emphasizing the urgency of joint action and climate justice.
Brazil’s Vision for Inclusion Where No One is Left Behind
Brazil’s representative, Luiz Alberto Figueiredo, the nation’s Ambassador for Climate Change, highlighted Brazil’s vulnerability to climate change and its leadership in global climate control. Figueiredo emphasized Brazil’s effective measures, including a revised Nationally Determined Contribution (NDC) that promises to reduce carbon emissions by up to 67 percent by 2035 compared to 2005 levels.
“Brazil has been fighting for international cooperation in dealing with climate challenges. Our efforts, despite the socio-economic constraints, reflect the vision of inclusiveness where no one is left behind,” said Figueiredo.
He emphasized Brazil’s exposure to climate-related disasters such as severe droughts, floods, and wildfires, which disproportionately affect disadvantaged groups, including indigenous communities. Speaking on behalf of climate justice, he urged world actors to consider the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDRRC), which gives greater responsibility to the historically most productive countries.
Legal Arguments for Climate Equity
Brazilian legal advisor, Professor Jorge Galindo, emphasized the CBDRRC principle as a legal mechanism to ensure fairness in climate governance. Citing the precedents of the Paris Agreement and advisory opinions from international courts, he called on developed countries to take the lead in achieving net-zero emissions quickly, investing in clean technologies, and financially supporting developing countries.
Galindo also urged the ICJ to recognize the legal significance of the decisions made by Conferences of the Parties (COPs) under the UN Framework Convention on Climate Change (UNFCCC). “The decisions of the COP reflect the true interpretation of the obligations of the agreement and should guide the opinion of the court,” he said.
Galindo also emphasized the importance of balancing climate policies with trade commitments, warning against the misuse of environmental measures as trade barriers. “Free trade and climate goals must go hand in hand,” he added.
Canada is committed to a comprehensive treaty-based approach
Canada’s representative, Louis Martel, described climate change as a major threat, as Arctic warming is increasing three times faster than the global average. Martel highlighted its dire consequences, including melting permafrost, increased forest fires, and food insecurity for Indigenous communities.
Reaffirming Canada’s commitment to international climate instruments such as the Paris Agreement, Martel emphasized the importance of collective and individual commitments. He then emphasized a global stock count and an improved transparency framework as important ways to ensure accountability.
Although he supports the “no harm” principle that obligates countries to prevent environmental damage at the border, Martel expressed doubts about the consistent application of climate change under international humanitarian law. He also doubted that principles such as “polluter pays” and “equality between generations” have reached the status of binding legal principles.
“Canada remains committed to an integrated, treaty-based approach that strengthens global climate governance,” Martel said.
China Plea For Fair and Inclusive International Approach
China, represented by Ma Xinmin, stands for balanced climate action, highlighting the CBDRRC principle as important in balancing the responsibilities between developed and developing countries. Ma emphasized the disproportionate vulnerability of developing countries and the need to recognize their right to sustainable development.
China criticized collective measures taken by developed countries, such as trade restrictions targeting developing countries’ green industries, describing them as failing to achieve global climate goals. Instead, Ma called for cooperation that addresses historic emissions reductions and respects the efforts of various nations to combat climate change.
“Addressing climate change does not only involve reducing pollution but also ensuring sustainable development and poverty eradication,” said Ma. Highlighting China’s contributions, he reaffirmed the country’s commitment to climate action while calling for a fair and inclusive international approach.
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© Inter Press Service (2024) — All Rights ReservedOriginal source: Inter Press Service
