Latest reports suggest that Australia will co-sponsor Vanuatu’s historic bid for the international court of justice to rule on the climate crisis, including the legal consequences of causing significant environmental harm.
According to reports, the Pacific island country will soon put a resolution to the UN general assembly seeking an opinion on the international legal obligations that countries have to act on the climate crisis.
The resolution asks the ICJ to pay particular attention to the harm experienced by small island developing countries that are particularly vulnerable to the effects of the climate crisis. And Australia has committed to co-sponsoring Vanuatu’s resolution at the UN general assembly.
The Albanese government is also expected to portray this support as recognition that climate change is “the single greatest threat to the livelihoods, security and wellbeing of the peoples of the Pacific”.
Although the ICJ advisory opinion will be non-binding, Australian officials expect that it will consider the obligations of states under international law to protect the climate system and the environment, for present and future generations.
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Australia is also expected to advocate for including the obligations of all major emitters – past, present and future – arguing this is the best way to achieve maximum impact in terms of limiting global heating to 1.5C.
Australia joins at least 69 developed and developing countries that have committed to co-sponsor the resolution.
Vanuatu’s draft resolution asks the ICJ to lay out the legal consequences for countries that “by their acts and omissions” have caused significant harm to the climate system and other parts of the environment. The resolution cites a range of sources for these obligations, including the international covenant on economic, social and cultural rights; the Paris agreement; and the UN convention on the law of the sea.
It also points to the principle of prevention of significant harm to the environment and the duty to protect and preserve the marine environment.
Story was adapted from the Guardian.
