International Court of Justice Finds Climate Change "Imperils All Forms of Life"

The International Court of Justice has ruled that climate change imperils all forms of life and puts nations on notice to take immediate action to mitigate the crisis. The court's advisory opinion, delivered overnight, opens the door for countries impacted by climate disasters to sue major emitting countries for reparations. The ruling also confirms that climate change breaches human rights and that nations must take measures to protect the climate system and other parts of the environment.

Key Takeaways:

• The International Court of Justice has ruled that climate change is an existential problem of planetary proportions that imperils all forms of life and the very health of our planet.
• The court found that the full enjoyment of human rights cannot be ensured without the protection of the climate system and other parts of the environment.
• The ruling confirms that most nations have signed up to global human rights agreements such as the International Covenant on Civil and Political Rights, which obliges them to take measures to protect the climate system and other parts of the environment.
• The court's advisory opinion is an authoritative description of the state of the law and the rights of countries to seek reparations if the law is breached.
• The ruling requires each nation's emissions reduction pledges to be judged against a stringent "due diligence" standard, taking into account each country's historical contributions to emissions, level of development, and national circumstances.
• Rich countries, such as Australia, will be required to make more ambitious emission-reduction pledges under the Paris Agreement.
• The court decision provides a measure of climate justice for small island states, which have historically low emissions but face a much higher risk of damage from climate change than other nations.
• Nations can be legally liable for climate-related damage even if the damage comes from many causes, including from the activities of private actors such as companies.
• The United States and other nations that have withdrawn from the Paris Agreement are still accountable for climate harms under other international laws by which all countries are bound.

Statistics:

• The court found that a clean, healthy, and sustainable environment is essential for the enjoyment of many other human rights.
• The ruling confirms that the full enjoyment of human rights cannot be ensured without the protection of the climate system and other parts of the environment.
• The court found that each nation's emissions reduction pledges should be judged against a stringent "due diligence" standard, taking into account each country's historical contributions to emissions, level of development, and national circumstances.
• The ruling requires rich countries to make more ambitious emission-reduction pledges under the Paris Agreement.
• The court's advisory opinion is an authoritative description of the state of the law and the rights of countries to seek reparations if the law is breached.

Sources:

• The Conversation -- Global Perspectives -- By Jacqueline Peel, Professor of Law and Director, Melbourne Climate Futures, The University of Melbourne Hilaire Bule/Getty
• John Thys/AFP
• International Covenant on Civil and Political Rights
• Paris Agreement
• Intergovernmental Panel on Climate Change