Context

• Recent, landmark request to the International Court of Justice (ICJ) by a coalition of small island states (led by Vanuatu and supported by over 130 countries) seeking an advisory opinion on whether wealthy nations can be held legally liable for their historical greenhouse gas emissions driving climate change.

Climate justice

• Small island developing states (SIDS) and many poorer nations bear the brunt of climate impacts (sea-level rise, extreme weather) despite contributing minimally to cumulative historical emissions. 
• Rich, industrialized nations (US, EU, UK, etc.), responsible for the vast majority of emissions since the Industrial Revolution, are seen as owing a "climate debt" for the damage caused. 

Significance of ICJ Advisory Opinion

• While ICJ advisory opinions are non-binding, the article argues they carry immense moral, political, and legal weight. 
• A ruling recognizing historical liability could: Strengthen the legal basis for climate lawsuits in national and international courts. 
• Empower developing nations in climate negotiations. Create significant pressure on wealthy nations to provide compensation and finance for loss and damage. 
• Solidify the "polluter pays" principle in international environmental law. 

Major Hurdles & Challenges faced by ICJ

• Non-binding Nature: The ICJ cannot force countries to pay; implementation relies on political will and pressure.
• Defining Historical Responsibility: Pinpointing a start date (e.g.,1850, 1992) and quantifying the exact share of responsibility for each nation's past emissions is scientifically and legally complex.
• Attribution & Causation: Proving direct legal causation between a specific country's historical emissions and specific climate damages suffered by another nation is extremely difficult under traditional international law.
• Legal Precedent: International law traditionally focuses on preventing current harm and future risks. Establishing liability for past actions contributing to a global, cumulative problem is largely untested.
• Political Resistance: Wealthy nations strongly oppose the concept of historical liability, fearing massive financial claims. They emphasize current and future emissions reductions and existing (often inadequate) climate finance mechanisms.

About ICJ

• The International Court of Justice (ICJ), established in 1945 as the principal judicial organ of the United Nations, is based in The Hague, Netherlands. It adjudicates disputes between states and provides advisory opinions on legal questions referred by UN organs or specialized agencies. Its significance lies in:
• Settling State Disputes: The ICJ resolves legal conflicts between countries, such as territorial or maritime disputes, fostering peaceful resolutions under international law.
• Advisory Role: Its non-binding advisory opinions, like the recent July 23, 2025, ruling on climate emissions, guide global policy and moral obligations, influencing international cooperation. 
• Upholding International Law: It reinforces treaties and UN charters, promoting accountability among nations. 
• Global Influence: Though its rulings are binding only for consenting states, they carry diplomatic weight, shaping norms on issues like human rights, environmental protection, and sovereignty.