Can the ICJ ruling force rich nations to pay for historical emissions?

Paper: GS – II, Subject: International Relations, Topic: International institutions, agencies and fora, Issue: Implications of the ICJ ruling.

Context:

The International Court of Justice (ICJ) issued a landmark advisory opinion reaffirming that states are legally obligated to mitigate climate change. It emphasized the responsibility to reduce greenhouse gas (GHG) emissions and support vulnerable nations.

Key Highlights:                                                                  

Legal Significance of ICJ Opinion:

  • Moral obligation: Though non-binding, the ruling holds moral and political weight.
  • Enables accountability: Countries that ratified international treaties can be held accountable in their domestic courts.
  • Aids developing countries: It is especially important for vulnerable island nations to hold high emitters accountable.
  • Future Cases: The ICJ reaffirmed the 1.5°C threshold under the Paris Agreement. It leads to cases in the future if countries breach emission limits.

Challenges in Enforcement:

  • ICJ ruling could inspire action, but enforcement is doubtful.
  • Enforcement requires attributing specific damages to climate change, which is scientifically and legally complex. Historical emissions attribution is difficult.
  • Many impacts are amplifications of existing phenomena, not entirely new events.
  • Even the Loss and Damage Funds are unlikely to be effective as it depends on voluntary contributions.
  • ICJ cannot enforce its decisions without support from other UN bodies. Thus, implementation depends on state cooperation, which is often lacking.
  • Many mechanisms were created without equal application to rich and poor countries.
  • Western nations often ignore international standards, citing sovereignty. Developed nations are also reluctant to finance reparations.
  • The ruling is more useful for moral advocacy than enforcement. It is more symbolic, reinforcing existing obligations.

Probable measures:

  • Technological solutions can lead decarbonization in both the West and developing countries.
  • Developed countries must be held accountable but developing countries also should not wait for reparations and must invest in technology and resilience on their own.
  • Developing countries should focus on self-reliance using their own resources for climate adaptation.

Conclusion:

The ICJ ruling may not compel compensation but it can strengthen global climate discourse. Enforcement will depend on domestic legal systems, international diplomacy, and public pressure.

https://www.thehindu.com/opinion/op-ed/can-the-icj-ruling-force-rich-nations-to-pay-for-historical-emissions/article69879148.ece

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