ICJ's Advisory Opinion on Climate Change: A Mixed Bag for the Global South
UPSC Relevance
Prelims: Environment (United Nations Framework Convention on Climate Change - UNFCCC, Kyoto Protocol, Paris Agreement, Intergovernmental Panel on Climate Change - IPCC, Common But Differentiated Responsibilities and Respective Capabilities - CBDR&RC), International Relations (International Court of Justice - ICJ, Advisory Opinion, Global South).
Mains:
GS Paper 3: Conservation, environmental pollution and degradation, environmental impact assessment; Climate Change negotiations.
GS Paper 2: Important International institutions, agencies and fora- their structure, mandate; Effect of policies of developed countries on India’s interests.
Key Highlights from the News
Concept Explainer: Key Climate Change Concepts
ICJ Advisory Opinion:
An opinion given by the ICJ on a legal question when requested by a UN organ. It is non-binding legally but has significant legal and moral influence.
UNFCCC, Kyoto Protocol, Paris Agreement:
UNFCCC (1992): The foundational treaty for addressing climate change. It laid the groundwork for principles like CBDR&RC.
Kyoto Protocol (1997): A treaty that legally bound only developed countries to reduce emissions.
Paris Agreement (2015): A universal agreement where all countries, developed and developing, announce their own emission reduction targets (Nationally Determined Contributions - NDCs).
Common But Differentiated Responsibilities and Respective Capabilities (CBDR&RC):
All countries have a common responsibility to address climate change. However, developed countries, who are historically more responsible for the problem, have greater responsibility. Additionally, each country's contributions should be in accordance with their capabilities. This is the essence of this principle.
Obligation of Conduct vs. Obligation of Result:
Obligation of Conduct: The duty to strive to achieve a goal.
Obligation of Result: A legal obligation to precisely achieve a goal. The court states that most obligations in climate agreements are 'Obligation of Conduct'.
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