Paper: GS – III, Subject: Environment, Ecology and Disaster Management, Topic: Global agreements and efforts, Issue: Implications of the ICJ verdict on climate change.
Context:
The International Court of Justice’s (ICJ) advisory opinion on climate change, though not legally binding, carries moral and legal weight, prompting debate on state obligations regarding climate change.
Key Highlights:
Background of the Case:
- The case was initiated by Vanuatu, a Pacific Island nation, supported by over 130 countries seeking clarity on:
- State obligations under international law for climate change prevention.
- Legal consequences for harm caused due to climate inaction.
Take aways from the ICJ Opinion:
- Climate change as Existential threat: It recognized climate change as existential threat not just morally but also through legal frameworks like:
- UN treaties,
- Customary International Law,
- Law of the Sea,
- Human Rights.
- Violations of rights: Climate inaction violates rights to life, health, food, housing. Governments must act using best available science and ambitious climate plans.
- Legal weight to obligations: Duties to reduce emissions, protect the environment, and cooperate internationally are no longer optional. Failure may invite litigation and enforcement challenges.
India’s scenario:
Climate Actions Taken:
- Target: 50% electricity from renewables by 2030.
- Achievements:
- Decline in emissions intensity.
- Growing Afforestation trends.
- EV policies in metro cities.
- Initiatives like ISA, LIFE campaign.
- Development Dilemma: India still tackling basic needs like electricity, employment, and housing. Though India has historically low per capita emissions, yet it faces pressures to decarbonize.
- Legal & Policy Gaps:
- Patchy implementation of pollution laws.
- Weak compliance across sectors.
- Need for stronger environmental litigation capacity.
- Fossil Fuel Subsidies: Are key for rural poor using biomass, kerosene. But ICJ opinion may lead to rethink on such subsidies.
Implications for India:
- Litigation Risk: International litigation against India could emerge if obligations are unmet.
- Strengthen Environmental Institutions: National Green Tribunal, compliance bodies must be empowered.
- Shift from Morality to Law: Environmental duties are now enforceable legal obligations, not moral choices.
- Reform Subsidies & Improve Access: Focus on clean energy for the poor to reduce reliance on fossil fuels.
Conclusion:
The ICJ opinion is a turning point in global climate jurisprudence. India must balance development and climate justice, address enforcement gaps, and realign policy frameworks with global legal norms.
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