A “clean, healthy, and sustainable environment” is now recognized as a human right by judges at the United Nations’ highest court. This significant decision was made by the International Court of Justice (ICJ) on a recent Wednesday, marking a possible shift in international climate law.
The ICJ’s opinion, over 500 pages long, highlights the responsibilities countries have in addressing climate change. It emphasizes that failing to act could lead to serious consequences. The court’s president, Yuji Iwasawa, pointed out that climate change poses an urgent threat to both ecosystems and human communities.
This advisory opinion stems from a request made by the UN in 2023, driven by persistent advocacy from Pacific island law students and support from Vanuatu. During hearings in December, representatives from vulnerable nations argued that specific countries should be held accountable for their role in climate change, while some of the largest greenhouse gas emitters rejected any legal obligation beyond the Paris Agreement.
The ICJ is the third major court to address climate change. Earlier, the Inter-American Court of Human Rights declared a human right to a healthy climate, reinforcing that countries have legal duties to manage greenhouse gas emissions. Meanwhile, the African Court on Human and Peoples’ Rights is just beginning its review process.
Advisory opinions from courts like the ICJ hold significant weight, despite being non-binding. They help clarify the existing law and can influence future legal actions and negotiations.
Jotham Napat, Vanuatu’s prime minister, called this ruling a crucial moment for climate justice. He stated that it amplifies the voices of nations most affected by climate change and lays the groundwork for stronger global action.
As climate discussions gain momentum, this ruling could shape future laws and inspire nations to pursue accountability for environmental damage. It highlights how collective efforts can lead to meaningful change. With public sentiment increasingly leaning toward environmental responsibility, governments may feel pressured to take more decisive actions.
Climate activism continues to grow, urging nations to prioritize the planet’s health while fostering a more sustainable future. This wave of advocacy reflects a broader societal acknowledgment that the time to act is now.
For more about the implications of this ruling, check out the International Court of Justice’s advisory order.