The United Nations General Assembly (UNGA) recently passed a resolution, requesting the International Court of Justice (ICJ) to provide its opinion on individual nations’ obligations relating to Climate Change according to the U.N. Framework Convention for Climate Change (UNFCCC). This initiative was reinforced by the Pacific Island of Vanuatu, one of the smallest countries globally. This island nation suffered severely from Cyclone Pam in 2015, an event thought to have been triggered by climate change, resulting in the decimation of 95% of crops and impacting two-thirds of its population.
Purpose of the UNGA Resolution
The resolution aims to seek answers to two fundamental questions from the ICJ: Firstly, what are the international legal obligations of countries to protect the climate system for present and future generations? Secondly, what are the repercussions under these legal obligations for countries whose actions or inactions have caused significant harm to the climate system, particularly impacting Small Island Developing States (SIDS) and those harmed individuals? It refers to international agreements like the Paris Agreement and the United Nations Convention on the Law of the Sea (UNCLOS). The ICJ is likely to take around 18 months to provide its opinion.
India’s Position on the Matter
India’s stance on the UN’s resolution remains somewhat vague, although it generally supports climate justice and accountability for global warming. The government has referred the resolution to the legal authorities to assess the impacts and international implications. Despite India boosting its Nationally Determined Contributions (NDC) commitments and its goal to generate half of its electricity from renewable resources by 2030, it did not co-sponsor the draft resolution. India is keenly observing how global powers, including the U.S. and China, respond to the resolution, considering their critical role in its implementation. It has been emphasized that the ICJ’s process can only broadly address climate change issues and must not identify or profile any specific country.
Implications of the ICJ’s Advisory Opinion
Though not legally binding as a judgment, the ICJ’s advisory opinion carries substantial legal weight and moral authority. It may offer valuable clarity on international environmental laws, simplifying processes concerning climate finance, climate justice, and loss and damages fund at the COP process. Past ICJ advisory opinions, such as those on the Palestinian issue and the U.K.-Mauritius dispute over the Chagos Islands, have been respected widely.
About the UN Framework Convention on Climate Change (UNFCCC)
The UNFCCC, signed in 1992 at the United Nations Conference on Environment and Development, famously known as the Earth Summit, came into force in 1994. Ratified by 197 countries, it is the parent treaty of the 2015 Paris Agreement and the 1997 Kyoto Protocol. The UNFCCC secretariat, based in Bonn, Germany, is tasked with supporting the global response to climate change threats. Its primary objective is to stabilize greenhouse gas concentrations in the atmosphere at levels preventing dangerous repercussions and allowing ecosystems to adapt naturally, enabling sustainable development.
Previous UPSC Civil Services Examination Questions
The Momentum for Change: Climate Neutral Now initiative was launched by the UNFCCC in 2015. This initiative under the Momentum for Change aims to achieve climate neutrality, which necessitates individuals, companies, and governments to measure, reduce, and offset (with UN certified emission reductions) their climate footprint. In terms of India’s involvement at the 26th session of the Conference of the Parties (COP) to the UNFCCC, detailed analysis and commitment details are warranted.
