Landmark climate change legal hearing wraps up in The Hague
LONDON — A landmark hearing into nation-states’ legal obligations over climate change wrapped up at the United Nations’ top court in The Hague on Friday. The outcome could have implications for the fight against climate change — and for the big polluters blamed for emitting most greenhouse gases. The 15 judges at the International Court of Justice have heard evidence from 99 countries and dozens of organizations over the course of the two-week hearing. They are trying to determine the legal obligations of states to tackle climate change and to repair the harm caused. The judges’ advisory opinion is expected to be published next year. Emotional testimony The testimony has at times been technical – but also impassioned and emotional. Small island states have argued their existence is at stake and so international human rights laws must apply to climate change. “For young people, the demand for reparations is crucial for justice. We have inherited a planet in decline and face the grim prospect of passing on an even more degraded world to future generations,” said Vishal Prasad, campaign director for Pacific Islands Students Fighting Climate Change, which lobbied for the case to be heard. “Equally clear is the demand for immediate cessation. If greenhouse gas emissions are not stopped, we are not just risking our future, we are welcoming its demise,” he said. Polluters Countering that argument were several big polluting nations, including China, India, Britain and the United States. They argued that only climate treaties, such as the 2015 Paris Agreement, confer any legal obligations on nation-states regarding climate change. “An advisory proceeding is not the means to litigate whether individual states or groups of states have violated obligations pertaining to climate change in the past or bear responsibility for reparations, as some participants have suggested,” legal adviser to the U.S. State Department, Margaret L. Taylor, told the court on December 4. “It’s a suggestion … that some, but not all, states are entitled, as a matter of international law, to reparations simply upon a showing that the climate system has been harmed. We do not see a basis for such a conclusion,” Taylor added. Island states The U.N. General Assembly asked the International Court of Justice to issue an advisory ruling after years of lobbying from small island and vulnerable coastal states, which argue that rising sea levels due to global warming pose an existential threat. The judges’ … “Landmark climate change legal hearing wraps up in The Hague” →