Role of International Courts in Climate Change [UPSC Current Affairs]

In February 2023, a group of 16 countries, led by Vanuatu, an island country in the South Pacific Ocean, launched an effort to fight the issue of climate change at the United Nations (UN). Against this backdrop, it is important to understand the role played by international courts in dispensing climate justice. This is an important topic for the IAS exam, for both the environment and the international relations sections.

Vanuatu leads Climate Change Issue at UN

The group wants an advisory opinion from the International Court of Justice (ICJ) on this issue which is an existential threat to human civilisation. The advisory opinions although non-binding in nature will clarify the international stand on the issue.

Climate change: The story so far

• Following are some of the much talked about climate change groups and conventions:
  • The United Nations Framework Convention on Climate Change
  • The Kyoto Protocol and 
  • The Paris Agreement
• However, the international community has fallen short of giving concrete solutions to the issue.
• In the recently concluded COP-27, the fact that countries could not narrow their differences on critical issues perfectly exemplifies this.
• Hence small and most vulnerable island nations such as Vanuatu have taken the lead to make it a point at the highest level.

Also read: Small Island Developing States (SIDS)

The demand of the group:

• Clarity from the apex international organizations having most world nations as members on the legal obligations towards climate change.
• Climate justice and reparations.
• To establish a “loss and damage” fund to financially assist vulnerable developing countries.
• International Tribunal for the Law of the Sea (ITLOS) to decide on issues of marine pollution and compensation.

Way forward: 

• The seeking of advisory opinion may not be enough and it has to be supplanted with concrete steps.
• The G-20 group having the most industrialized and bigger economies have the onus of walking the talk.
• India being the current G-20 president has a bigger and decisive role to play for the international community to emulate in the future.

Role of International Courts in Climate Change:- Download PDF Here