Commonwealth Climate and Law Initiative (CCLI)’s Post

🌍 A Historic Day for Climate Justice 🌍 Today marks a pivotal moment in the fight for our planet’s future. The International Court of Justice (ICJ) has commenced hearings on one of the most pressing questions of our time: Is the conduct responsible for climate change and its adverse effects lawful under international law? What are the obligations of States under international law and what are the legal consequences under these obligations for States? This is more than a legal debate—it’s a moral reckoning. At the heart of this case lies the divide between nations bearing the brunt of climate change’s devastating effects and those that have historically contributed the most to the crisis. It’s staggering to witness, yet again today, how some nations continue to negate overwhelming evidence, shirk responsibilities, and dismiss the binding nature of existing international treaties. Meanwhile, others—many of them small island states and vulnerable nations—are simply asking for the most basic of rights: the right to exist, the right to survive. The ICJ hearings have the potential to reshape the global legal landscape, bringing much-needed clarity to the obligations of states under international law. But beyond the courtroom, this is a moment for all of us to reflect. Climate change is not just a legal or political issue—it’s a human one. Let us watch closely and demand accountability. The world deserves answers, action, and above all, justice. China & Canada will have their speech tomorrow, USA & Russia on Wednesday, let’s hear what they have to say. Live: https://lnkd.in/e9Yuz6-b #ClimateJustice #ICJHearings #InternationalLaw #GlobalAction

During the first two weeks of December (Dec. 2 - 13, 2024), the International Court of Justice - considered the world's highest court - will hold highly-anticipated public hearings on the legal obligations of states to ensure protection of the climate system, and the legal consequences for causing significant climate harm especially to the most vulnerable countries (like small island developing states) and generations (like youth and future generations). The proceedings are historic and incredibly significant - experts say they are a "watershed moment" in the fight for climate justice, and a “once-in-a-generation moment.” A record level 100 oral statements are scheduled, including 88 from country delegations. The ICJ Registrar recently released the oral proceedings schedule directly to participating parties, though the schedule and the submitted written statements have not yet been made public. The Pacific Island nation of Vanuatu, which spearheaded the request to seek a climate change advisory opinion from the ICJ, announced that it is scheduled to testify on Dec. 12. “The release of the oral statements schedule by the International Court of Justice puts us one step closer to one of the most important climate decisions of our time,” Vanuatu’s Attorney General Arnold Kiel Loughman said. Read more in my new article - including insights on the US position in these proceedings (a US State Dept. spokesperson declined to disclose when the US is scheduled to speak at the upcoming hearings). #InternationalCourtofJustice #climatejustice #Vanuatu #climatelaw #internationallaw https://lnkd.in/edEtdYiG

The Power of Law: history is (hopefully) being made at the International Court of Justice (ICJ)  with the 'Obligations of States in respect of Climate Change' proceedings under way! Here comes today's webcast: https://lnkd.in/eHGuua-X and tomorrow's: https://lnkd.in/e9HiMKbm #climatechange #litigation #governance #power #law

See below for an excellent wrap up of the International Court of Justice (ICJ) oral hearings in the climate advisory opinion👇

🚀 80 days left until the public hearings for the #ClimateICJAO start in The Hague!! ⚖🌍 The public hearings for the climate change advisory opinion (AO) are scheduled to start on December 2nd! Today, our Latin-American Front coordinator José explains why the climate change advisory opinion from the International Court of Justice (ICJ) is so historic! 🏛 💭 The Court has been asked to interpret international law on the topic of state obligations in the climate crisis. The resulting advisory opinion will be a document with great authority, and as such, a major opportunity to shape international law and create more climate action! Stay tuned for more information, and more updates ⚡Miss nothing, follow World's Youth for Climate Justice (WYCJ)! #AOLetsGO #ICJAO #ICJAO4Climate #ITLOS #IACtHR #ClimateJusticeAtTheICJ #ClimateChange #OurFutureOurRights #ClimateJustice

It has been a busy two weeks here at the International Court of Justice as the oral hearings for the advisory opinion on climate change conclude.   To wrap up the hearings, I'm here with my colleague, Gitanjali Bajaj as we reflect on what we've seen these past two weeks at The Hague – watch now below! No State has denied the cause or the science underpinning climate change but there is no widespread consistency on what States' obligations are, whether they differ between them, and how the problem should be addressed. The Court now has the tremendous task of analysing over 9,000 pages of written statements and two weeks of oral hearings to provide clear guidance to States on their legal obligations in respect of climate change, and how the issue of legal consequences for those actions are addressed.   #ICJAO #ICJ #UN #ClimateChange #AdvisoryOpinion #InternationalLaw #ProBono Rose Kautoke | Madeleine Lavemai | Freliz Fakarii | adelsia maria A C. | Bwalya Mwansa Salamu | Marshal Muchende | Eran Sthoeger, Esq. | Harj Narulla | Christian J. Tams | Olivia Flasch | Dirk Heinz

What arguments can be put to the International Court of Justice regarding the international legal interests of future generations in the upcoming oral pleadings in the Advisory Opinion on Climate Change? If you are working on this, you may like to see my new article on “Due Regard for Future Generations? The No Harm Rule and Sovereignty in the Advisory Opinions on Climate Change”. Grounded in customary international law, the article argues that the no harm rule requires that future generations' interests be properly considered and addressed appropriately, commensurate with what is at stake. At a minimum, this may require avoidance of ‘manifestly excessive adverse impacts’. This argument may also be useful in domestic courts. Open access at: https://lnkd.in/g936jXXi Thank you to editors Thijs Etty, Josephine van Zeben, Ole Pedersen, Katalin Sulyok and all involved for the helpful input. #climatelitigation #futuregenerations #intergenerationalequity

🌍 ⚖️ The oral hearings for the historic International Court of Justice (ICJ) climate advisory proceedings ended today after a full two weeks. It was moving to see the strong alignment of many States on key legal positions critical to ensure #ClimateJustice and advance #HumanRights for present & future generations. 📚 🔥 A great majority of the interventions united in affirming that the conduct responsible for climate change and its devastating consequences is unlawful, triggering legal consequences including cessation of climate-destructive conduct, guarantees of non-repetition, and the provision of full reparation. ❌ ✅ As a handful of major polluters attempted to evade and dilute their legal responsibilities, by denying long-standing legal obligations under multiple sources of conventional and customary international law, overstating complexity, and ignoring the weight of historical emissions, we saw tremendous leadership from several State delegations and legal teams, especially from the world’s most climate-vulnerable countries, holding the legal line towards ensuring accountability and redress for climate harm. 📌 ❤️Some delegations ceded time to youth leaders from Pacific Islands Students Fighting Climate Change and World's Youth for Climate Justice (WYCJ) to speak directly to the Court, including Cynthia Houniuhi, Mert Kumru, Vishal Prasad and Brenda Reson, who each issued powerful calls for climate justice. Addressing the judges, Vishal said: “Just as the wayfinders of the Pacific held the wisdom to guide us through the vast ocean to safe harbor, you hold the knowledge and responsibility to guide the international community to ensure the protection of our collective future. And you can do this simply by applying international law to the conduct responsible for climate change.” Colleagues at PIFSCC and WYCJ are extraordinary people doing extraordinary work- dreaming big and getting things done (including their critical role in successfully taking the world’s biggest problem to the world’s highest Court). 👏🏽 👏🏽 ✒️ 📜 In next steps, today, the Court posed its questions to the participants, giving a glimpse into core issues for the judges. (All questions are in the first comments below). Written replies to these questions are due by Friday 20 December 2024. The Court will now begin deliberations with the advisory opinion expected in 2025. Here’s to a strong, ambitious advisory opinion and #ClimateJusticeAtTheICJ!!

The hearing for the International Court of Justice (ICJ)'s Advisory Opinion on climate change is set to begin on December 2nd. It's one of a number of international court proceedings and outcomes this year that are changing the legal landscape on climate around the world.   In May, the International Tribunal on the Law of the Sea (ITLOS), the world’s top ocean court, confirmed that States must manage climate-harming emissions to protect the marine environment. Those obligations under the Law of the Sea may even go beyond what countries have pledged via the Paris Agreement.   These legal initiatives represent the next step in progress on international climate cooperation: after decades developing international processes and agreements, now is the time for judicial interpretation and clarification in the courts.   This article, reflecting on how Canada's legal obligations on climate change may develop in light of these outcomes, is testament to their power. Governments around the world will have to take note of these opinions of some of the world’s highest courts, and the legal and moral weight they carry within their own jurisdictions.   ClientEarth has an info hub on what we see as the year of international court actions, here: https://lnkd.in/eWnWuGgE    We’ll be watching what happens in December with great interest.   

My new article entitled 'Public Information and Participation in Climate Decision Making: The Case of the Italian NECP from the Perspective of the Aarhus Convention' is now out in Carbon & Climate Law Review (No. 04/2023). The article addresses the Italian failure to ensure public information and participation in the context of the NECP updating process, taking into account the provisions of Regulation (EU) 2018/1999 and the Aarhus Convention, as well as the specific situation in Italy. In doing so, the article also examines a pioneering communication submitted by A SUD Onlus before the Aarhus Convention Compliance Committee, which was found strangely inadmissible (and I try to explain why). Here is the link to the article: https://lnkd.in/dpmPjuQG