UN General Assembly Adopts Historic Climate Resolution: A Win for Climate Justice
Today, the United Nations General Assembly has unanimously adopted a resolution calling on the International Court of Justice (ICJ) to clarify the obligations of states under international law to ensure the protection of the climate system.
This resolution, spearheaded by Vanuatu and Pacific Islander youth, had over 130 member states as co-sponsors and was adopted with cheers and applause. Vanuatu's Prime Minister, Ishmael Kalsakau, underlined that the United Nations had "decided to leave aside differences and work together to tackle the defining challenge of our times, climate change."
A win for climate justice
It's an example of a small country punching above its weight. Prime Minister Kalsakau called it "a win for climate justice of epic proportions.". Meanwhile, in his home country, the devastating impact of the climate crisis is visible everywhere. Just weeks ago, the government declared a six-month state of emergency after two major cyclones battled the country within 48 hours.
State Parties to the Paris Agreement have no legal obligation to meet emission reduction targets, so this new approach focuses on other international legal instruments that could offer possibilities for enforcement, for instance, the Universal Declaration of Human Rights and the UN Convention on the Law of the Sea. In addition, the new resolution centers on critical points that have often been ignored in many climate debates, such as intergenerational equity.
Holding polluting countries accountable
Today's decision represents the first attempt to establish climate action obligations under international law and thus strengthen climate-related litigation by helping vulnerable states. Non-binding ICJ opinions carry significant weight and are often taken into account by national courts since they are legally and morally influential. So the resolution brings us closer to legally holding polluting countries accountable for failing to tackle the climate emergency.
If the UN states needed more convincing, they only had to read last week's latest report of the UN panel of climate experts (IPCC), warning for global average temperatures to reach 1.5 C above the pre-industrial baseline by as early as 2030-2035, and adding a warning for the urgent need for drastic action this decade.
More cases before the European Court of Human Rights
It's remarkable, and a sign of change in international law and the climate crisis, that on the same day of the adoption of the UN resolution, cases opened on the other side of the Atlantic before the European Court of Human Rights against France and Switzerland over apparent failings to protect the environment. We may expect to see more of this: governments in court for suspected climate change inaction. As a Dutchman, I have seen how effective such an approach has been in my country.
This is a significant development. Adopting the resolution and the cases before the European Court of Human Rights are signs of change for future multilateral climate cooperation. New established international legal rules will influence domestic courts, judges, and governments. I find the number of 130 member states of the United Nations co-sponsoring the resolution remarkably high. It shows a solid commitment to tackling climate change and the willingness of countries to work together towards a better and fairer future.
Bolder and stronger climate action
UN Secretary-General Antonio Guterres stressed that although the resolution is non-binding, an opinion from the International Court of Justice "would assist the General Assembly, the UN, and member states to take the bolder and stronger climate action that our world so desperately needs."
The world is facing a defining challenge in climate change, and this resolution represents a significant step towards meeting that challenge. By establishing legal obligations related to climate change, the world can take a more coordinated and effectual approach to tackle this global issue.
The resolution is not just about protecting the environment; it is about protecting people and the planet and ensuring a sustainable future for all. The unequivocal commitment of all UN Member States is to leave no one behind; today's adoption of this resolution brought us a step closer to that ambition.
I write this newsletter because I believe that together we can do better on this beautiful but fragile planet.
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Notes:
Photo Vanuatu coastline: Simon Sees, licensed under the terms of the cc-by-2.0. His site on Flickr is: https://www.flickr.com/people/39551170@N02
Photo UNGA: Patrick Gruban, cropped and downsampled by Pine, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons
https://www.theguardian.com/environment/2023/mar/29/united-nations-resolution-climate-emergency-vanuatu
https://www.cnn.com/2023/03/29/world/un-advisory-opinion-vanuatu-climate-change/index.html
https://www.france24.com/en/environment/20230329-un-adopts-landmark-resolution-to-define-global-legal-obligations-on-climate-change
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Thank you, Alexander !!
💚 What a historic day: this morning, @KlimaSeniorin stated their case to the 17 judges of the @ECHR_CEDH Grand Chamber (European court) setting out the strong evidence of vulnerability of elder women to climate impacts and Switzerland’s failure to protect them from harm. I read that another European country was also condemned in the past by the same court !
This added to the good news you report about makes this end of march 2023 memorable for the planet and its protection.