{"id":15016,"date":"2025-08-05T06:05:08","date_gmt":"2025-08-05T06:05:08","guid":{"rendered":"https:\/\/roydadnaft.ir\/English\/?p=15016"},"modified":"2025-08-05T06:05:08","modified_gmt":"2025-08-05T06:05:08","slug":"icj-emphasizes-climate-commitments-opens-door-to-legal-action-against-major-polluters","status":"publish","type":"post","link":"https:\/\/roydadnaft.ir\/English\/15016\/","title":{"rendered":"ICJ emphasizes climate commitments, opens door to legal action against major polluters"},"content":{"rendered":"

RoydadNaft – <\/a><\/span>\u00a0The International Court of Justice (ICJ) has issued a landmark advisory opinion affirming that countries are legally obligated to reduce greenhouse gas emissions\u2014a ruling that may pave the way for compensation claims against major historical polluters.<\/p>\n

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According to Iran\u2019s Oil Ministry’s Department of OPEC Affairs and Energy Organizations, the ICJ, the world\u2019s highest court, released the opinion on July 23, 2025, in response to a request from the United Nations General Assembly. The court stated that states failing to act against the \u201curgent and vital threat\u201d of climate change could face legal consequences.<\/p>\n

The opinion underscores the role of the Intergovernmental Panel on Climate Change (IPCC) as the provider of the best available scientific knowledge. The court stressed that any additional global warming matters, noting that even a 1.5\u00b0C rise poses significant risks to nations, communities, ecosystems, and sectors. The 1.5\u00b0C limit, it noted, remains the central goal of the Paris Agreement.<\/p>\n

The court emphasized that submitting Nationally Determined Contributions (NDCs) under the Paris Agreement is not sufficient; their content must reflect genuine commitment and is not solely at the discretion of member states. The ICJ urged all Paris Agreement parties to ensure their NDCs represent the highest possible ambition, taking into account each country\u2019s cumulative emissions and national circumstances.<\/p>\n

The opinion also clarified that NDCs must be collectively capable of achieving the Paris Agreement\u2019s temperature and broader objectives, and that member states are obligated to make every effort to meet these goals.<\/p>\n

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No loophole for the US<\/strong>?<\/strong><\/p>\n

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Importantly, the court found that legal climate obligations arise not only from the UN Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement, but also from other international legal instruments, including the UN Convention on the Law of the Sea (UNCLOS), human rights law, and customary international law.<\/p>\n

This means such obligations apply universally\u2014regardless of whether a country is party to climate treaties. The ruling highlights a key implication for countries like the United States, which withdrew from the Paris Agreement under a previous administration and does not fully recognize the ICJ\u2019s jurisdiction.<\/p>\n

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The court ruled that governments\u2019 failure to act\u2014such as through fossil fuel production, consumption, exploration licensing, or fossil fuel subsidies\u2014could constitute internationally wrongful acts attributable to those states.<\/p>\n

\u201cStates must cooperate to achieve specific emissions reduction targets,\u201d said ICJ President Yuji Iwasawa. \u201cCountries that breach international climate obligations may face claims for compensation, restitution, or injunctions.\u201d He added that scientists have established clear causal links between extreme weather and greenhouse gas emissions.<\/p>\n

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Global implications for climate justice<\/strong><\/p>\n

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The advisory opinion follows submissions totaling more than 10,000 pages from 91 countries and organizations, including China, the US, and Saudi Arabia. Though not legally binding, the ICJ\u2019s advisory carries significant legal weight in interpreting international law and guiding resolution of complex disputes.<\/p>\n

The case was initiated by the island nation of Vanuatu and supported by over 130 countries. Vishal Prasad, director of the Pacific Islands Students Fighting Climate Change campaign, called the opinion a \u201ccompass\u201d for global course correction.<\/p>\n

\u201cThis ruling is a tool for justice\u2014usable in parliaments, courts, and negotiations to hold power accountable,\u201d he said.<\/p>\n

During court sessions in December, countries like the U.K. and the U.S. argued for a narrow interpretation of climate commitments under the current UN climate regime\u2014an interpretation that would avoid penalties for noncompliance. However, large European nations now face increased legal exposure to damages claims. The U.S., as the largest historical emitter, does not fully recognize the ICJ\u2019s authority.<\/p>\n

In concluding the advisory, Iwasawa stated the General Assembly\u2019s questions extended beyond legal technicalities: \u201cThey pertain to an existential problem on a planetary scale, threatening all forms of life and the health of our planet.\u201d He expressed hope that the court\u2019s conclusions would inspire global social and political action.<\/p>\n

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Boosting developing nations\u2019 leverage at COP 30<\/strong><\/p>\n

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Legal experts believe the opinion will bolster developing countries\u2019 position in international climate finance negotiations, including the upcoming COP 30 summit in Brazil this November.<\/p>\n

Harj Narulla, legal counsel for the Solomon Islands in the ICJ case, said developing nations now have a legitimate legal path to demand reparations. \u201cThey can now say: if you won\u2019t come to the diplomatic table, we\u2019ll see you in court.\u201d<\/p>\n

The opinion is also expected to inspire national courts handling a growing number of climate cases targeting governments, cities, and major polluters. In theory, countries can now seek financial compensation, debt relief, or ICJ orders halting fossil fuel subsidies and new oil and gas exploration.<\/p>\n

A record number of states submitted briefs to the ICJ, turning the case into a forum for grappling with some of the world\u2019s most complex legal and geopolitical climate questions.<\/p>\n

Ultimately, the court supported the positions of small island states and the African Union, linking climate goals to the strengthening of international law on preventing transboundary environmental harm and upholding human rights.<\/p>\n

To date, lawyers and civil society advocates have struggled to legally prove that cumulative emissions since the 1960s caused specific deaths or damages from floods, fires, heatwaves, or sea level rise. Despite the authority of the ICJ\u2019s opinion, activists and developing nations will still need to demonstrate that a particular country\u2019s historical emissions caused identifiable harm.<\/p>\n<\/div>\n<\/div>\n

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