The International Court of Justice has received a record number of 91 written statements from member states and organizations regarding its advisory opinion on the Obligations of States in respect of Climate Change. The Court was requested by the United Nations General Assembly to determine the financial liability of countries for their contributions to climate change. Responses are due by June 24, and the Court has indicated that oral arguments will take place for the first time in relation to this opinion. The written statements will not be made public until the start of oral proceedings.
The request for an advisory opinion on the legal obligations of countries in preventing climate change was made on March 29, 2023, by the UNGA. While non-binding, this opinion will offer insight into how the ICJ may interpret future climate-related litigation and help shape future legislative developments. In addition to the initial package of laws and treaties sent by the UN, member states and international organizations have been given the opportunity to submit written statements to express their legal arguments and opinions.
The list of organizations approved to participate in the proceedings includes the African Union, the European Union, and the World Health Organization, among others. The Court has indicated that the written statements may be made accessible to the public after the opening of the oral proceedings, in accordance with Article 106 of the Rules of Court. The addition of oral arguments marks a change in the process, which has already seen multiple deadline extensions due to the high volume of written statements. It is anticipated that the deadline for responses on June 24 may be extended as well, pushing back the issuance of the final opinion to 2025 or 2026.
Member states who have submitted written statements include Portugal, Colombia, Canada, and the United States of America, among others. The list also includes international organizations like the World Health Organization and the European Union. With such a broad range of entities weighing in on the issue, the ICJ is likely to have a comprehensive collection of perspectives to consider before issuing its final opinion on the Obligations of States in respect of Climate Change. It remains to be seen how the Court will interpret the various arguments put forth in the written statements, and what impact this advisory opinion will have on future climate-related legal proceedings and legislation globally.
