PICAN stresses a robust advisory opinion from ICJ will reinforce legal accountability of both governments and corporations

As we await the International Court of Justice's historic first advisory opinion on the obligations of States in relation to climate change early tomorrow morning,
Pacific Islands Climate Action Network Regional Director, Rufino Varea says the advisory opinion is expected to provide a definitive clarification and consolidation of existing legal obligations concerning climate change.

Varea says it is not anticipated to create new international law.

He says this opinion will lend significant legal weight to the long-standing principles advocated by Pacific Island nations:

That includes that the States responsible for substantial greenhouse gas emissions have a legal duty to mitigate further environmental harm and contribute to its remediation.

Varea adds that the leadership of Pacific youth in championing this legal clarification highlights the intrinsic link between the protection of our cultural heritage, land, and ocean resources and the preservation of life and livelihoods.

He says a robust advisory opinion from the Court will reinforce the legal accountability of both governments and corporations, moving beyond voluntary commitments and rhetoric to demand actions consistent with international law, particularly concerning the expansion of fossil fuel infrastructure.

This judicial clarification will serve as a critical tool in various forums, extending beyond the United Nations Framework Convention on Climate Change.

Varea says it will be leveraged in bilateral and multilateral negotiations, financial policy debates, domestic and international legal proceedings, and community-level dialogue.

He says the objective is to ensure the 1.5 degrees Celsius temperature limit remains a viable target, catalyze the mobilization of public finance for climate action at the necessary scale, establish clear legal grounds for addressing loss and damage, and reinforce the principle of polluter pays.

Varea says the scientific evidence on climate change is unequivocal and international law is now aligning with this scientific consensus.

He stresses it is imperative that the States and corporate actions align with both.

The landmark ruling will be read in a public sitting at the Peace Palace in The Hague, by Judge Iwasawa Yuji, President of the Court.

Pacific Islands Students Fighting For Climate Change says they stand with 96 States and 11 international organisations who helped shape this unprecedented global effort, the largest advisory opinion proceedings in ICJ history.