The ICJ has released an updated schedule for oral hearings on climate change obligations, responding to a UNGA request. Notably, OPEC has withdrawn from presenting. The hearings, starting December 2, will assess state responsibilities for climate change and its impacts on vulnerable populations.
The International Court of Justice (ICJ) has revised its schedule for oral hearings regarding the advisory opinion on the obligations of states concerning climate change. Notably, the Organization of the Petroleum Exporting Countries (OPEC) has chosen to withdraw its participation. Responding to a request from the United Nations General Assembly (UNGA), the ICJ will evaluate the financial responsibilities of nations pertaining to their contributions to climate change, as well as the necessary actions to mitigate this global issue.
The UNGA requested this advisory opinion on March 29, 2023, following an initiative by Vanuatu, focusing on the legal responsibilities of countries towards climate preservation, for both current and future generations. Although the final ruling will not be legally binding, it is anticipated to influence future climate-related litigation and legislative advancements.
The UNGA posed two inquiries: first, regarding the legal obligations of states under international law to protect the climate system and related environmental aspects from anthropogenic greenhouse gas emissions; second, concerning the ramifications for states that have caused considerable environmental harm. This is particularly relevant for vulnerable regions, such as small island developing states (SIDS), as well as the people impacted by climate change.
To ensure a comprehensive discussion, the ICJ allowed member states and international organizations to submit written statements for consideration. A timeline was established leading up to the public hearings, set to commence on December 2 at the Peace Palace in The Hague, Netherlands. On October 15, the hearing schedule was sent to the involved parties and subsequently made public on November 8.
The hearings will span two weeks, featuring presentations from over 100 countries and organizations in 30-minute intervals. On the first day, Vanuatu and the Melanesian Spearhead Group were allocated a combined hour for their opening statements, followed by various countries including South Africa, Germany, and Bangladesh. Adjustments to the schedule included Gambia swapping time slots with Sierra Leone and the withdrawal of Mauritius from the proceedings, prompting a reshuffle in the timetable.
OPEC’s absence from the hearings is noteworthy, as they were initially expected to present on the last day of hearings on December 13. Their written submission has, however, been acknowledged without rescheduling the remainder of the day’s agenda. The other participants on December 13 will include various regional and international organizations focusing on climate change, showcasing the breadth of global discourse.
While the hearings are open to public attendance, seating is limited due to the venue’s capacity constraints. Only five seats will be available on a first-come, first-served basis for members of the public, although the proceedings will also be accessible via live streaming on the Court’s website and UN Web TV.
The advisory opinion sought from the ICJ reflects a growing international concern over climate change and the responsibilities states hold in addressing this crisis. The involvement of the UNGA and states like Vanuatu underscores the recognized need for formal legal clarifications regarding environmental obligations. This case not only seeks to provide guidance for effective climate governance but also aims to set legal precedents that could shape future international climate policies.
In summary, the ICJ is set to provide crucial insights into state obligations concerning climate change, with public hearings scheduled to begin on December 2, 2023. The participation of numerous nations and organizations highlights the urgent global dialogue on climate responsibilities. Despite OPEC’s withdrawal, the proceedings will likely showcase powerful narratives from various stakeholders, significantly influencing international environmental law and policy.
Original Source: www.forbes.com
