Breathing life into the environmental Rule of Law: Anticipating the ICJ’s Advisory Opinion on State's Obligation to Climate Change
by admin on | 2024-12-05 23:10:26 Last Updated by admin on 2024-12-22 01:55:21
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ICJ advisory opinions, while non-binding, carry substantial normative weight that influences state practice and international jurisprudence. This article explores the emergent role of the ICJ in clarifying state obligations on climate change, particularly through its forthcoming advisory opinion. The article examines the interplay between foundational principles of international environmental law, such as the “no harm” rule and the doctrine of Common but Differentiated Responsibilities (CBDR), in climate governance. It evaluates how these principles can be reinforced to address the inequities faced by vulnerable nations, especially Small Island Developing States, in mitigating and adapting to climate risks. The author argues that while the ICJ advisory opinion will not be legally binding, its significance lies in providing moral and legal clarity to invigorate global climate action and breathe life into the environmental rule of law. It further contends that this opinion could establish a stronger foundation for environmental accountability and encourage both state-led and multilateral initiatives to ensure the sustainability of shared global resources. Through reimagining the environmental rule of law, this article advocates for a transformative approach to climate governance that transcends traditional boundaries of legal responsibility.
