Six years have passed since 27 Law students from Vanuatua small island state in the Pacific Ocean, made a request to International Court of Hague to examine the Legal obligations of states for climate change and possible sanctions in cases of inactivity. At the end of July, this effort was fruitful: Having gathered the support of 132 states, Vanuatu and its supporters have watched the significant development in court, which now recognizes the climate change as “urgent and existential threat” For humanity. The Court has clarified the legal obligations of the states to safeguard the climate, while underlining the legal consequences for those who have these obligations.

As the Professor of International Institutions of the NCSR’s International Institutions explains to the Athens -Macedonian News Agency and the UNESCO headquarters for climate diplomacy, Emmanuela Dusi; “This is an emblematic and historical opinion that marks the turning point in the international effort to protect the climate.”. The opinion of the Court has a dual nature: it clarifies the legal commitments of the states under international law, while clearly defining the possible consequences of non -compliance. ‘The most important element is the clarification of its regulatory content 2015 Paris Agreement. Now, it becomes clear that nothing is voluntary, ”explains Ms. Dousi.

The three key points of the opinion

Mrs Dusi highlights three key points of the opinion. First, states that are in danger of disappearing due to rising sea levels, such as Vanuatu, will continue, in the event of disappearance, to have legal status and rights under international law. Second, the court ‘He did not hesitate to talk about historical responsibilities’ As for the obligations of states to the climate. Thirdly, emphasis is placed on financing as well as the help of the most affected countries.

“This opinion will become a” flag “for countries that are experiencing the most intense consequences of climate change. It clarifies their rights, as well as the obligations of other states to them, especially in the context of adapting to the new climate environment, ”says Ms Dousi. In addition, it draws attention to the complementary functioning of the UN Framework Convention on Climate Change.

Although the opinions of the International Court of Justice are not binding, are highly calculated for their legal and political gravity. “This is an authentic interpretation of international law, clarifying the applicable rules and practices to be followed by both states and international organizations.”explains Mrs Dousi. The court notes that climate change is an existential threat to nature and humanity: “International law cannot solve all problems, but it can be part of the solution, provided that all sides – states, public bodies, businesses, civil society – will work effectively.”.

Legal consequences for polluting states

This opinion paves the way for transnational appeals against states that are defining their commitments, especially under the Paris Agreement. As Mrs Dusi points out, “This development makes it clear that any states do not comply with their obligations may now be confronted with international judicial claim. We will see developments and I am sure of this in national courts ».

A typical example is China. Although pioneering in green transition technology, it must adjust its practices in the use of fossil fuels. As the teacher states, “It has more margin by 2060 due to the principle of common but differentiated responsibility, but it will have to revise the production of fossil fuels.”.

As far as the US is concerned, although a change of political stance was recorded during Donald Trump’s term, the implementation of the Paris Agreement, as Mrs Dusi argues, remains stable. “There are states like California, where they continue to the green transition”.

The impact of the opinion in Greece

Mrs Dusi notes that Greece also has to adapt its actions in order to fully harmonize with international and European commitments. “On a practical level, this means immediate stoppage of the hydrocarbon mining program – a plan for new fossil fuels and is now outdated”the teacher points out.

The future of international climate policy

In summary, Mrs Dousi raises the question of the ‘recruitment’ of the opinion and its prospects for the states. “Climate policy is a peaceful policy. It must bring the states closer, to enhance cooperation. The opinion has been issued at a critical juncture and it remains to be seen how it will be used, especially in view of COP 30, which I think will be key to whether states will agree with meaningful cooperation or whether competition will prevail. “ emphasizes.

Ioanna Kardara

*Attached a photo granted for use to RES-EIA by Mrs Dousi