The recent advisory opinion of the International Court of Justice (ICJ) has elevated climate change to a matter of international legal obligation. Examine the implications of this opinion for global climate governance, with special reference to implications for India.

The International Court of Justice (ICJ), in its advisory opinion delivered on stated that climate action is a legal duty, not merely a policy choice. While the opinion is non-binding, it significantly strengthens the legal framework strengthening climate accountability and international cooperation.

Key aspects of the ICJ Opinion:

• Legal Duties Outlined:
  • Prevent environmental harm via domestic regulation.
  • International cooperation through technology transfer and climate finance.
  • Adherence to the Principle of Common but Differentiated Responsibilities (CBDR).
• Legal Consequences for Inaction:
  • Failure to act may be considered an internationally wrongful act.
  • States could face liability for the actions of private corporations if they fail to exercise due diligence.
  • Obligation to offer reparations or loss and damage compensation to affected nations.

Global Implications:

1. Legal Recognition of Climate Harm:
   1. Elevates climate harm to a violation of international law and human rights.
   1. Reinforces international treaties like UNFCCC and the Paris Agreement as legally binding instruments.
2. Precedent for Litigation:
   1. Sets a legal foundation for countries (e.g., Vanuatu, Tuvalu) to claim climate reparations.
   1. Influences domestic and regional courts to integrate international climate obligations (e.g., Urgenda v. Netherlands, 2015; Neubauer v. Germany, 2021).
3. Pressure on Developed Nations:
   1. Strengthens the legal demand for scaled-up climate finance and technology sharing from developed countries.

Implications for India:

Progress Made:

• India’s renewable energy capacity reached 180 GW (as of 2024).
• Updated NDCs include:
  • Reduction of emissions intensity of GDP by 45% by 2030.
  • 50% cumulative electric power installed capacity from non-fossil fuel sources.

Shortcomings:

• Net-zero target by 2070 seen as misaligned with 1.5°C goal.
• NDC targets conditionally dependent on finance and technology transfer.
• Lack of strong enforcement on corporate polluters domestically.

Legal implications:

• India’s environmental jurisprudence (e.g., M.C. Mehta cases) must integrate international legal standards.
  • Strengthen the regulatory framework to ensure corporate climate accountability.

Economic implications:

• Reassess fossil fuel subsidies which constituted ₹2.2 lakh crore in 2023 and divert towards climate-resilient infrastructure.
  • Enhance capacity to demand climate reparations and just transition finance from Annex I countries.

Conclusion:

The ICJ opinion marks a paradigm shift, establishing climate responsibility as a legal imperative. A legally sound, socially inclusive, and scientifically robust climate strategy is essential to align national policy with evolving international norms and obligations.

+1 Value Addition:

• 2015: Urgenda v. Netherlands: First court ruling mandating a government to meet specific emission reduction targets based on duty of care.
• 2019: Future Generations V. Ministry of Environment (Colombia): Granted legal rights to the Amazon and enforced climate protection measures.
• 2021: Neubauer v. Germany: Found climate law violated youth’s fundamental rights and ordered stronger post-2030 emission cuts.
• 2023: Vanuatu & UN Referral to ICJ: Initiated the first global legal step to define state obligations on climate action via ICJ.

La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2025 preparation.

FOLLOW US ON:

◉ YouTube : https://www.youtube.com/@CivilsPrepTeam

◉ Facebook: https://www.facebook.com/LaExcellenceIAS

◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/

GET IN TOUCH:

Contact us at info@laex.in, https://laex.in/contact-us/

or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140

OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020

Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524,  Rangareddy Hyderabad, Telangana 500081

Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040