By Stephanie van den Berg
THE HAGUE (Reuters)
The World Court concludes hearings on Friday on countries' legal obligation to fight climate change and whether large states contributing most to greenhouse-gas emissions may be liable for damage caused to small island nations.
The International Court of Justice will issue an opinion on these questions, likely in 2025, that could be cited in climate change-driven litigation around the world.
During two weeks of hearings, rich countries of the global north broadly argued that existing climate treaties, like the Paris Agreement, which are largely non-binding, should serve as the basis for determining countries' responsibilities.
In contrast, developing nations and small island states, bearing the brunt of climate change, sought robust measures to curb emissions and to regulate financial support from wealthy polluting nations.
> "On the current trajectory of greenhouse gas emissions, Tuvalu will disappear completely beneath the waves," Eselealofa Apinelu, representing the small island state, told the judges. Nearly 100 states and organizations participated in the hearings at the institution, the top U.N. court for disputes between states, where small island nations had spearheaded efforts to obtain a U.N. General Assembly advisory opinion.
World Court opinions are not binding but carry significant legal and political weight. Experts suggest the court's opinion on climate change could set a precedent in climate-driven lawsuits globally.
> "The power of an ICJ opinion lies not only in its enforcement but in the message it sends to courts worldwide grappling with state obligations to address climate emergency and remedy climate harm," said Nikki Reisch, director of the Center for International Environmental Law's Climate & Energy Program.
The hearings opened in early December with the Pacific island nation Vanuatu urging judges to recognize and repair the harm caused by climate change.
The world's largest emitters, including the U.S. and China, along with Saudi Arabia and several EU members, contended that existing treaties produced through U.N.-backed negotiations, which are largely non-binding, should be the benchmark for determining states' obligations.
> "China hopes that the court will uphold the U.N. climate change negotiations mechanism as the primary channel for global climate governance," stated Ma Xinmin, a legal adviser in China's foreign ministry.
Under the Paris Agreement, countries are required to update their Nationally Determined Contributions (NDCs) every few years. The next round is due by February 2025.
The U.N. has urged countries to deliver economy-wide plans showcasing increased, non-binding ambition to limit global warming to 1.5°C (2.7°F).
> "NDCs concern an obligation of best efforts, not of results," a representative from the Saudi Ministry of Energy told the court, prompting concerns among those advocating for binding rules to curb fossil fuel use.
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