Dr Nilufer Oral was one of the panellists at the session “Bringing Climate Change Before International Courts and Tribunals”

In recent years, climate litigation has become an important instrument to demand and enhance climate commitments made by governments. This trend has been accompanied by a wave of human rights-based climate litigation, integrating human rights considerations with climate responsibilities. The rise in climate litigation cases has made domestic and regional courtrooms increasingly important venues for addressing climate change around the world. However, a key gap remains. The International Court of Justice (ICJ), the world’s highest court, has yet to weigh in on the imminent challenges of climate change. No contentious case directly related to climate change has ever gone before the ICJ, nor has the ICJ provided guidance through an advisory opinion. Recognising the urgency of the climate crisis for the Pacific region, and responding to a youth-led grassroots movement, in September 2021 Vanuatu’s Prime Minister, Hon. Bob Loughman, formally launched a campaign for an Advisory

Opinion on climate change from the ICJ. Vanuatu sees this initiative as an opportunity to clarify the legal obligations of all countries to prevent and redress the adverse effects of climate change, and to raise awareness about the impact of the climate crisis while also recognizing that climate change is disproportionately felt by persons in vulnerable situations, particularly those living in geographically vulnerable developing countries.

This conference, held on 20-21 June 2022 in The Hague at the Peace Palace, discussed the prospects for the advisory opinion campaign, and the potential impact of new guidance on climate change from the ICJ. It focused on the rationale behind this initiative and its potential to contribute to strengthened legal protection for present and future generations against the threats posed by climate change. As part of a deeper scene-setting effort, the conference explored legal developments in the field of climate change from a comparative and international perspective, focusing both on litigation in national and regional courts, as well as developments at international human rights monitoring bodies.

The conference brought together international legal scholars and practitioners, including advocates involved in climate litigation and stakeholders in emerging legal initiatives to address climate change through adjudication. The conference proceedings not only provided fresh insight into the potential for the progressive development of international law in the face of climate change, but also provided normative and strategic guidance to ongoing and future legal initiatives to bring climate change before international courts and tribunals.