The International Court of Justice (ICJ) on Wednesday (July 23) said that the right to a clean, healthy and sustainable environment is the fundamental human right in the milestone advantage to climate change. This decision is considered to be a potential turning point in international environmental law.
“The human right to a clean, healthy and sustainable environment is therefore associated with pleasure in other human rights,” said ICJ Yuji Iwasawa, adding the conclusion of the court.
The case was led by Vanuatu, the Pacific Island Nation, which was seriously endangered by the growing sea level, and was supported by more than 130 countries. Vanuatu’s General Prosecutor Arnold Kiel Loughman reminded the court during earlier hearing: “Bets could not have been higher. The survival of my people and many others is on the line.”
Counseling is not binding
While the court’s decision is not non -binding, legal experts claim to open a cascade of lawsuits and change of policy. The 500 -page opinion answers two main questions: What states are legally obliged to do under international law to alleviate climate change? And what consequences do they face to let it act?
The UN General Assembly applied for an advisory opinion in 2023 after the suffering lobby from island nations on the front of the climate crisis. During the announcement, a courtroom in The Hague, known as great justice, was packed, and activists held a sign of reading: “The courts spoke. The law is clear. States must now act.”
A legal basis for global liability
“This view provides an authoritative interpretation of international law that governments can no longer ignore,” said Joie Chowdhury, head of the lawyer in the Center for International Environmental Law. “It’s not just about future goals – it also solves historical responsibility.”
According to Chowdhura, the decision can now serve as the basis for further legal steps – including domestic litigation and bilateral or versatile investment agreements. States can also return to ICJ to hold other countries responsible for inactivity or climate damage.
Vanuatu Minister: “Global Agreements are moving too slowly”
Vanuatu Minister for Changing Ralph Regenvan’s climate welcomed this decision and called him a legal instrument for nations, such as his, which were pushed in international climate negotiations.
“Agreements concluded at international level between states are not moving fast enough,” said the Associated Press. “This view gives us a way forward.”
The decade leading until 2023 has seen an increase in the global sea level by 4.3 centimeters on average, while in some Pacific regions it has increased. Global temperatures have already increased by 1.3 degrees Celsius above the preindustrial level, especially because of fossil fuel emissions.
Opposition from large emitters
While the decision is the victory of vulnerable nations, the main emitters as the United States and Russia opposed the idea of a legally binding reduction in emissions through international courts. Both are key oil producing nations and have resisted the efforts to anchor climatic liability as a enforceable international law.
(Tagstotranslate) International Court of Justice
