The International Court of Justice (ICJ), the United Nations' highest legal body, is set to begin hearings next week to examine the legal responsibilities of countries to address climate change and the potential consequences of their greenhouse gas emissions.
While the ICJ’s advisory opinions are non-binding, they carry significant legal and political weight and could shape climate litigation across the globe.
The hearings follow criticism of the outcomes of the COP29 summit, where developing nations expressed disappointment with the agreement to provide $300 billion annually in climate finance by 2035. This funding aims to help poorer nations mitigate and adapt to the impacts of climate change, but many argue it falls far short of what is needed.
Ralph Regenvanu, Vanuatu's special envoy for climate change, highlighted the urgent need for phasing out fossil fuels and increasing financial aid for vulnerable nations. “We’re not seeing sufficient action in the outcomes of the COPs,” Regenvanu said, adding that the ICJ proceedings could pave the way for renewed momentum in achieving climate justice.
Fiji’s Attorney General Graham Leung described the hearings as a historic opportunity for small island states to push for accountability in the global fight against climate change.
The ICJ’s advisory opinion could bolster the growing trend of climate litigation. Earlier this year, Europe’s top human rights court ruled that the Swiss government had violated its citizens' rights by failing to adequately combat climate change, though it dismissed two other cases due to the complexity of climate litigation.
The hearings will focus on legal questions raised by the United Nations General Assembly in 2023. These include the obligations of states to protect the climate and whether major polluters can be held liable for damages, especially to small, climate-vulnerable nations like Vanuatu.
Vanuatu, among the nations most affected by rising sea levels and extreme weather, will be the first to present its arguments. Over 98 countries and 12 international organizations are scheduled to address the court, including the world’s largest greenhouse gas emitters, the United States and China, as well as the Organization of the Petroleum Exporting Countries (OPEC).
The hearings begin on Monday and will run through December 13, with the court expected to deliver its opinion in 2025. As climate negotiations at COP29 left many dissatisfied, the ICJ’s proceedings are being closely watched as a potential catalyst for stronger international action on climate justice.
“This process could provide a new direction for ambition and accountability,” said Lea Main-Klingst, a lawyer with ClientEarth, reflecting the hope that the ICJ’s involvement will add critical momentum to the global fight against climate change.