The global verdict on governmental duties to mitigate anthropogenic climate change has taken on greater significance following the election win of Donald Trump, which could potentially lead to the U.S. once again retreating from the pivotal Paris accord, according to an attorney involved in the case.
The International Court of Justice (ICJ) under the umbrella of the United Nations is scheduled to commence hearings on December 2. The proceedings are expected to result in an advisory opinion outlining the obligations of nations and the legal repercussions for those that fail to take adequate action. Over 130 countries, excluding major polluters such as China and the U.S., backed the initiative spearheaded by the Pacific island of Vanuatu at the United Nations General Assembly in 2023.
Margaretha Wewerinke-Singh, Vanuatu’s legal representative at the ICJ hearings, highlighted that the principles under scrutiny in the hearings are rooted in customary international law, meaning they apply to all nations. This is especially pertinent amid an unstable political landscape.
During Trump’s initial term as president, the U.S. declared its intention to withdraw from the Paris accord in late 2019. This accord obligates nations to implement significant changes to limit the rise in average global temperature to well below 2.0 degrees Celsius. The U.S. cited the “unfair economic burden” placed on American workers and industries by commitments to decrease reliance on fossil fuels under the 2015 agreement as the reason for the withdrawal. However, this decision was short-lived as it required a year’s notice and was subsequently reversed under the Biden administration in early 2021.
Potential threats of a new U.S. administration reneging on the Paris accord and possibly even the foundational 1992 international agreement for preventing climate change were highlighted by Wewerinke-Singh. She emphasized the importance of understanding these universally applicable obligations.
Vanuatu’s initiative in bringing the case to the ICJ has elevated the concerns of smaller island nations which often find their national interests and very existence overshadowed by more powerful countries on the global stage. Pacific island nations, despite contributing minimally to greenhouse gas emissions, warn that they are likely to bear the brunt of the impacts of rising global temperatures.
The ICJ case is deemed necessary by Pacific island leaders due to the lack of action in implementing the Paris agreement. The upcoming U.N. climate summit, known as COP, is scheduled to take place in Baku, Azerbaijan.
Ralph Regenvanu, special envoy from Vanuatu, asserted that the U.K. government’s decision to implement a 2019 ICJ opinion that it should return the Chagos Archipelago to the former British colony, Mauritius, demonstrates the role of political will in international law.
The ICJ, based in The Hague, Netherlands, has received a record-breaking 91 written statements from governments and international organizations regarding the climate change case. The court also received numerous written responses to the initial submissions and extended the deadline for written submissions multiple times.
Regenvanu, in a statement, referenced last month’s Hurricane Milton to highlight that, like Pacific island nations, the U.S. is increasingly facing extreme weather. He stated, “This is a shared problem that will not solve itself without international cooperation,” and pledged to continue advocating for this to the new president of one of the world’s leading polluters.
