Moderator | Mohammad Hazrati, Senior Research Fellow, NUS Centre for International Law
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About the Lecture
The Advisory Opinion on Obligations of States in Respect of Climate Change by the International Court of Justice (ICJ) breaks new ground by clearly identifying fossil fuel production, licensing, and subsidisation among the activities to which international climate change obligations apply, going as far to suggest that such activities may constitute internationally wrongful acts. This presentation analyses the ICJ’s Advisory Opinion as well as the proceedings leading up to it. It discusses the scientific and legal background that led to the inclusion of the topics of fossil fuel production and fossil fuel subsidies in the proceedings. It then looks at the proceedings and the Court's reasoning, identifying its jurisprudential advances and limitations. Finally, it discusses the potential impacts of the Advisory Opinion. It concludes that while it may be too early to declare that international law requires the phase-out of fossil fuels, the decision puts states – particularly developed countries with greater capacities – that are expanding fossil fuel production and continue to subsidise fossil fuels on notice.
About the Speaker
Harro van Asselt is the Hatton Professor of Climate Law with the Department of Land Economy at the University of Cambridge. He is also a Fellow and Director of Studies at Hughes Hall, and a Fellow with the Lauterpacht Centre for International Law. Outside of Cambridge, he is a Professor of Climate Law and Policy at the University of Eastern Finland Law School, and an Affiliated Researcher with the Stockholm Environment Institute.
SILE Accredited CPD Activity
1 Public CPD Points
Practice Area: International Law
Training Category: General
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