In a validity, the Hague International Court of Justice today ruled that countries that violate their obligations in dealing with climate change commit “illegal” energy and countries most affected by these acts could request compensation.
The UN Supreme Judicial Authority, where students from Vanuatu had appealed in 2019, unanimously reached this decision. Although not binding, the decision gives a legal interpretation of international law on which they could rely on lawyers, lawyers and judges around the world to amend laws or to appeal to justice against states for their “climate inaction”.
The deterioration of the climate conditions, due to the emissions of gases that cause the greenhouse effect, is an urgent and existential threat, “said court president, Yutzi Ivaba, when reading the two -hour ruling.
The court dismissed the view that the major pollutants were defending that the current conditions – and in particular the negotiating process through the annual COPs – are sufficient. Countries “have strict obligations to protect the climate system,” he said. He also agreed with the small island states that the climate should be protected “for the present and future generations”, while large pollutants have categorically refused to legally recognize the rights of persons who have not yet been born.
The most important part of the ruling, which is expected to encounter the greatest resistance from the rich countries, is, according to the court, from their obligations: the compensation in the countries affected by climate change. At the same time, however, the court added that an immediate and certain relationship between “illegal energy” on the part of one country and the “damage” that the other would suffer should be proved, which is certainly difficult but “not impossible”.
According to the UN, this was the fifth time in the 80th anniversary of the court that its 15 judges end up in a unanimous ruling.
“Climate change is not an academic exercise … We live it daily,” student Visal Prasad from Fiji, who began the campaign in 2019 along with his other classmates from the University of South Pacific, told the French Agency.
Many non -governmental organizations and activists were eagerly awaiting the consulting opinion of the International Court of Justice, angry with the inactivity or stubbornness of large pollutants who do not reduce their dependence on oil, coal and gas. A few dozen were waiting today outside the Peace Mansion, the headquarters of the International Court of Justice, holding a banner with the slogan: “The courts have spoken – governments must act now.”
The United Nations, following a vote at the General Assembly, had commissioned the International Court of Justice to answer two questions. The first: What obligations do member countries have, under international law, to protect the land from gas emissions for the present and future generations. And the second, what are the legal consequences for countries, the broadcasts of which have caused environmental damage, especially in the island, vulnerable states of low altitude.
The court organized one of the largest hearing in its history, where more than 100 countries and teams took the floor last December.
Today, it has ruled that human rights, such as the right to health, may be threatened by climate change and that countries are obliged to take binding measures to comply with the agreements they have signed. Industrial countries are also obliged to take a leading role in combating climate change.
Source: Skai
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