In News:

• The International Court of Justice (ICJ) has begun hearings on a landmark climate change case, seeking an advisory opinion on the obligations of countries under international law regarding climate change.
• The case stems from a UN General Assembly (UNGA) resolution initiated by Vanuatu in March 2023, co-sponsored by 132 countries.

Background:

• Vanuatu, a small island nation, faces existential threats from rising sea levels.
• The resolution was passed to clarify climate obligations in light of international laws, including the UNFCCC, Paris Agreement, and other legal instruments like the UN Convention on the Law of the Seas, and the Universal Declaration on Human Rights.

Global Impact of the Case:

• The outcome of the case could influence global climate governance, particularly in the context of climate negotiations.
• It may broaden the legal basis for climate obligations and underscore the legal consequences for non-compliance.

India’s Position:

• India has voiced concerns about the judicial process being the best approach to tackle climate issues, advocating for diplomatic efforts.
• India is scheduled to make its submission on December 5, highlighting its preference for a collaborative, non-top-down approach in climate discussions.

Implications for Developed and Developing Countries:

• The case highlights the historical responsibility of developed countries for climate change due to their higher emissions.
• The ICJ's advisory opinion could reinforce the argument that developed countries' obligations extend beyond the UNFCCC and Paris Agreement, incorporating broader international legal frameworks.

Climate Litigation and Precedent:

• The ICJ ruling could set a precedent for climate litigation, potentially influencing over 2,600 ongoing climate lawsuits globally.
• Notable rulings include the European Court of Human Rights, which held Switzerland accountable for failing to meet emissions targets, and India's Supreme Court recognizing the right to be free from adverse climate impacts in 2023.

Record Participation and Importance of the Case:

• The ICJ has received over 90 written submissions, with 97 countries and 12 international organizations participating in the hearings.
• The case is significant for the growing number of climate-related lawsuits and the evolving nature of international climate law.

Future Prospects:

• The ICJ’s advisory opinion, though non-binding, could significantly impact future climate negotiations, particularly in terms of responsibility sharing and climate finance.
• The outcome could also influence calls for compensation for climate damages, especially from vulnerable states like small island nations.