India will participate in a public hearing on December 5, as part of International Court of Justice’s (ICJ) ongoing process to seek an advisory opinion on the obligations of state concerning climate change.
India joins global discussions at International Court of Justice’s climate change hearings to shape international legal obligations for climate action
India will participate in a public hearing on December 5, as part of International Court of Justice’s (ICJ) ongoing process to seek an advisory opinion on the obligations of state concerning climate change.
The hearings, which began on December 2, are scheduled to take place until December 13 in Hague, Netherlands. With 91 written statements and 62 responses submitted to the court, this case marks the largest-ever hearing at the ICJ. In total, 97 states and 11 international organisations will take part in the proceedings, offering countries and organisations a chance to elaborate on their positions directly.
The UN Secretary-General, António Guterres, has stated that such an opinion will help the General Assembly, the United Nations and Member States to “take the bolder and stronger climate action” that the current climatic conditions call for.
“It could also guide the actions and conduct of States in their relations with each other, as well as towards their own citizens. This is essential,” he added.
The hearings are particularly significant for small island developing states, which initially advocated for the advisory opinion. The timing of hearings is especially relevant, as developing nations including India have criticised the climate finance deal executed at COP29, which promised to provide $300 billion annually for climate action by 2035. India and other developing countries were disappointed with the outcome of COP29 as it completely ignored the demands of the developing nations for mobilisation of at 1.3 trillion dollars a year in climate finance in the process.
Moreover, recognising the need to address climate change, climate-specific legislations are being enacted by climate conscious countries. For instance, India’s Supreme Court broadened the scope of fundamental rights to life and equality, including the right to be free from the harmful effects of climate change this April.
These hearings come at a critical moment in the climate crisis, with the global community facing urgent challenges. Small island states along with developing nations, already experiencing some of the most severe impacts of climate change, are expecting to have a concrete framework of accountability through international legal obligations.
ICJ’s hearings aim to help the court issue an advisory opinion which will outline the participating States’ legal obligations and consequences of breaching under international law.
Unlike judgments in contentious cases, The Court’s advisory opinions are not binding unlike judgments in contentious cases. They help provide legal guidance on specific international law issues. The General Assembly, the requesting body for this opinion, is free to decide the effect it will have. However, while not binding, advisory opinions have “an authoritative value and cannot be neglected”, as per a UN News report.