Can countries be sued over climate change?

Subject : International Relations

Section: International Organisation

Concept :

The International Court of Justice (ICJ) has been asked to provide an opinion on what kind of obligations countries have towards climate change reduction, based on the promises they have made to the UNFCCC.

Details

Recently, the UNGA passed a resolution seeking opinion from the ICJ regarding the accountability of countries towards climate change reduction, based on the promises they have made by these countries to the UNFCCC.
The resolution passed by consensus had been pushed through by one of the smallest countries in the world, the Pacific Island of Vanuatu.
This island was devastated in 2015 by the effects of Cyclone Pam, believed to have been spurred by climate change.

What does the resolution seek?

Asked the ICJ to deliberate on two questions
What are the obligations of states under international law to ensure the protection of the climate system for present and future generations?
What are the legal consequences under these obligations for states where they, by their acts and omissions, have caused significant harm to the climate system?
The resolution refers to several international protocols including the Paris Agreement (2015), the United Nations Convention on the Law of the Sea and even the Universal Declaration of Human Rights.
The entire process is expected to take about 18 months for the ICJ to deliberate and deliver its opinion.

India’s position

Cautiously silent about the move
India has thus far been cautiously silent about the move, although it is generally supportive of the need for climate justice.
India is also vocal in holding the developed world accountable for global warming.
It has referred the resolution to legal authorities in the country who will look into the implications and international ramifications of the ICJ opinion.
India did not co-sponsor the draft resolution
India did not join the overwhelming majority of countries that co-sponsored the draft resolution.
Wait and watch mode
India is watching how global powers like the U.S. and China respond to the resolution, as without their support, it will be hard to implement.
India does not want top-down approach in climate change discussion
India was among the countries which voiced concerns about whether launching a judicial process was the best way to reach shared goals.
Successfully tackling the climate crisis is best achieved via diplomatic efforts.
As per India, top-down approach is not needed in the discussion around climate change.

Is the advisory opinion of the ICJ binding?

The ICJ is being asked for an advisory opinion, which by definition would not be legally binding as an ICJ judgment.
However, its clarification of international environmental laws would make the process more streamlined.
The ICJ opinion would carry legal weight and moral authority in dealing with contentious issues such as:
climate reparations by the developed world,
legal culpability for countries that do not achieve their NDC promises, and
climate support to the most vulnerable parts of the world battling the effects of global warming.
This is significant as according to the latest IPCC Synthesis report, global climate levels have already increased 1.1 degrees since pre-industrial levels in the past century.
Deep cuts in greenhouse gas emissions reductions, as much as by a half, are required by 2030 to keep this goal.