Why Establishing an International Environmental Court is Crucial for Global Sustainability: An Opinion

As we enter 2025, the U.K.’s Met Office has shared a concerning update: carbon dioxide levels are rising rapidly, pushing global temperatures toward a critical threshold of 1.5 degrees Celsius. This alarming trend isn’t surprising. The past two years have been the hottest on record, highlighting the urgent need for action.

Small Island Developing States (SIDS), particularly in the Caribbean, are feeling the harsh effects of climate change. Over the last two decades, hurricanes, storm surges, droughts, and extreme weather have caused losses exceeding $137 billion. This crisis has affected more than 400,000 people in the region.

In the Caribbean, the risk of tropical storms, rising sea levels, and resource shortages is increasing. These challenges can cripple our economies, leading to overwhelming debts that hinder our progress toward sustainable development.

Despite the gloom, there is a path forward. Recently, over 100 nations submitted legal opinions to the International Court of Justice (ICJ), emphasizing the responsibility of countries to combat climate change. This advisory opinion could mark a turning point in how nations approach their commitment to environmental protection.

International law has shown its potential. For instance, in 2024, the International Tribunal for the Law of the Sea clarified nations’ obligations to protect the marine environment from greenhouse gas emissions. This sets a precedent for using judicial measures to hold countries accountable.

While the ICJ can provide guidance, it lacks the power to enforce its opinions. To address this, we need a dedicated International Environmental Court (IEC) equipped to adjudicate environmental disputes. Such a court could adopt a legal framework similar to that of the International Criminal Court (ICC), which effectively tackles serious crimes.

Establishing an IEC could transform verbal commitments into legally binding actions. At the COP28 climate summit in 2023, 197 countries signed the UAE Consensus, promising to shift away from fossil fuels. While some countries, like the United Arab Emirates, have taken significant steps toward sustainability, others risk losing momentum without a solid enforcement mechanism for these pledges.

An IEC would compel nations to keep their environmental promises, pushing them to invest in cleaner energy and enforce stricter regulations. This court could also create a valuable repository of environmental case law, benefiting private firms in their climate-related challenges.

Some critics argue that the IEC would only have power over signatory nations. However, historically, the ICC began with just 60 members and now boasts 125, demonstrating that broad support can grow over time. Establishing an IEC could be a pivotal step in our fight for a sustainable future.

There’s hope on the horizon. The global community must recognize the urgency of our situation and act decisively. Together, we have the power to build a better world for generations to come.

Justice Anthony Thomas Aquinas Carmona has held important roles in both national and international law, including as the fifth president of Trinidad and Tobago and as a judge at the International Criminal Court.

Source link

International Affairs,Climate Change,Climate,Human rights,Law