United Nations: Historical: The highest UN court deals with climate protection

The most extensive case to date begins before the International Court of Justice in The Hague: It is about climate protection. The highest judges of the United Nations are to prepare a legal opinion on the question of the extent to which states are legally obliged to protect the climate and the extent to which they are also responsible for the consequences of climate change, especially in poorer countries. This report can have far-reaching consequences for climate processes worldwide; the case is considered historic. The report is not expected until next year.

98 states and 12 organizations are expected to present their arguments to the 15 judges in the Peace Palace over the next ten days. Germany will take a position on Monday. The USA and China, the largest polluters, will also present their arguments by December 13th.

Legal history is being written

The International Court of Justice was commissioned by the UN General Assembly last year to prepare the legal opinion. Although it is not binding, it can be of great importance for similar processes worldwide to force states to do more climate protection. The judges are making international legal history. They had already met with climate scientists.

The judges have to deal with two questions. First: What are the legal obligations of states to protect the environment and climate against harmful greenhouse gas emissions? Second: What are the consequences of your actions or inaction? Are states liable for damages?

Island states particularly affected by climate change

The small island group of Vanuatu took the initiative for the report. Together with other countries severely affected by climate change, it wants to force rich countries to pay for the damage.

Vanuatu stresses that it has been disproportionately hit by the effects of climate change, such as severe storms and rising sea levels. The archipelago will be the first of 98 countries to present their statement to the judges on Monday.

The UN court, based in The Hague, was established to resolve conflicts between states. However, it can also be commissioned by the UN General Assembly to prepare legal opinions on international issues.

After a disappointing climate summit

The recent world climate conference in Azerbaijan ended in disappointment, especially for small and poor states like Vanuatu. After a bitter dispute, an agreement was reached on aid for poorer countries – 300 billion US dollars per year until 2035. But there was no progress in climate protection. The poorer states reacted bitterly: This was far from enough. Now they are pinning their hopes on the highest UN judges.