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Tipsheet

UN's Top Court Says Failure to Stop Climate Change Violates International Law

AP Photo/Jiri Buller

The United Nations' top court, the International Court of Justice (ICJ), just announced that if countries fail to take measures to protect the planet from climate change, they could violate international law. The court also said that countries "harmed" by climate change could be entitled to reparations on a "case by case" basis, according to the Associated Press.

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The ICJ on Wednesday issued an advisory opinion on what countries are legally required to do about climate change and what could happen if they fail to act, calling the crisis an “urgent and existential” threat to human life. The court's president, Yuji Iwasawa, said during the hearing that the “failure of a state to take appropriate action to protect the climate system...may constitute an internationally wrongful act."

Thankfully, the opinion is non-binding, but the over 500-page opinion is viewed as a turning point for international climate law. The case was brought forth by Vanuatu, an island nation in the Pacific, and backed by another 130 countries, including the UK, France, Germany, and Australia.

Island nations have led the charge, driven by the fear that rising sea levels could one day erase them. 

U.N. General Assembly asked the ICJ for an advisory opinion back in 2023. The panel of judges explored two key questions: What are countries obligated to do under international law to protect the climate and environment from human-caused greenhouse gas emissions? And, what are the legal consequences when a government’s actions, or failure to act, cause serious harm to the climate and environment? 

The opinion by the ICJ raises some serious concerns about the state of multi-national governing bodies that could one day impose legal liabilities and forced reparations on participating countries, including the United States. A question of sovereignty and independence arises, where American policy is beholden to the international community instead of Americans. And if the UN thinks this is the kind of ruling that strengthens its legitimacy, it’s no wonder so many now see the institution as little more than a punchline.

Thank god the U.S. is not beholden to the ICJ.

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