ICJ's Landmark Opinion on Climate Change: Strengthening State Obligations
UPSC Relevance
Prelims: International Relations (ICJ, UN Bodies), Environment and Ecology (International Conventions - UNFCCC, Paris Agreement; Key concepts like NDCs, CBDR-RC, Climate Justice, Climate Finance).
Mains:
GS Paper 2: Important International institutions, agencies and fora- their structure, mandate (specifically the ICJ).
GS Paper 3: Conservation, environmental pollution and degradation, environmental impact assessment; Issues related to Climate Change, International climate negotiations, Climate Finance and Technology Transfer.
Key Highlights from the News
Historic Ruling: The International Court of Justice (ICJ) issued a significant advisory opinion on the legal obligations of countries regarding climate change.
Significance of the Opinion: Although not technically binding, it is considered an authoritative interpretation of international law. This will help exert international pressure on countries.
Key Findings:
1.5°C Target: The Court clarified that countries should aim to limit global temperature increase to 1.5°C, rather than "below 2°C" as stated in the Paris Agreement, as the legal threshold.
Responsibility in NDCs: Countries do not have unlimited discretion in preparing their climate action plans, known as Nationally Determined Contributions (NDCs). Each country must ensure their NDCs reflect their "highest possible" ambition.
Climate Justice: The Court emphasized the principle of Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC). Accordingly, developed countries have greater historical responsibility.
Obligations of Developed Countries: The Court ruled that developed countries have a legal obligation to provide climate finance and technology transfer to developing countries for climate change mitigation and adaptation.
'Self-Contained Regime' Argument Rejected: The argument (raised by countries including India) that climate treaties are a self-contained regime and that other international laws and human rights laws do not apply to them was rejected by the Court.
Impact: This ruling is a legal victory for small island nations and other countries in the Global South facing climate threats. It will help demand more assistance from developed countries and strengthen strategic litigation related to climate change in domestic courts.
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