"UN votes to ask world court to rule on national climate obligations", 31 Mar 2023

The United Nations General Assembly voted on Wednesday to pass a resolution asking the world's top court to define the obligations of states to combat climate change, a legal opinion that could drive countries to take stronger measures and clarify international law.

The historic resolution seeking an advisory opinion from the International Court of Justice was inspired by Pacific island law students and passed with a consensus vote, after a four-year campaign led by the Republic of Vanuatu.

"Such an opinion would assist the General Assembly, the UN and Member States to take the bolder and stronger climate action that our world so desperately needs," UN Secretary General António Guterres said. An advisory opinion would not be binding on any jurisdiction but could influence future negotiations...

It could take the court around 18 months to issue an advisory opinion that could clarify financial obligations countries have on climate change; help them revise and enhance national climate plans submitted to the Paris Agreement; and strengthen domestic policies and legislation...

On the eve of the vote, Vanuatu diplomats were still trying to win support from China and the U.S., the two biggest greenhouse gas emitting countries.

The United States did not support the resolution at the General Assembly...

The resulting advisory opinion could be a vital input to the burgeoning climate-driven lawsuits around the world. There are upwards of 2,000 cases pending worldwide...

Other international courts and tribunals are also being asked to clarify and define the law around climate obligations, including the Inter-American Court of Human Rights and the International Tribunal for the Law of the Sea...

“We are just ecstatic that the world has listened to the Pacific Youth and has chosen to take action" on the idea that "started in a Pacific classroom four years ago," said Cynthia Houniuhi, Solomon Islands based President of Pacific Island Students Fighting Climate Change.