Over 100 Countries to Present Submissions as Landmark Climate Case Begins at UN Court

The United Nations’ top court will begin historic hearings on Monday to establish legal guidelines for how countries should safeguard the planet from climate change and assist vulnerable nations in dealing with its destructive effects.

Representatives from Vanuatu and other low-lying island nations in the Pacific Ocean will open the marathon proceedings at the International Court of Justice (ICJ) at 10:00 am (0900 GMT), before a 15-judge panel.

Over the next two weeks, more than 100 countries and organizations will make submissions on the matter, marking the largest number ever to appear before the Hague-based court.

Activists hope the ICJ’s ruling will set a legal precedent in the fight against climate change. However, some worry that the UN-backed request for a non-binding advisory opinion may have limited impact, with the court potentially taking months or even years to issue its decision.

The hearings at the Peace Palace come shortly after a controversial climate deal at the COP29 summit in Azerbaijan. Wealthy nations responsible for high pollution levels agreed to mobilize at least $300 billion annually by 2035 to help poorer countries transition to clean energy and prepare for the worsening effects of climate change, such as extreme weather events. However, developing nations criticized the pledge as insufficient, and the summit failed to include a global commitment to phase out fossil fuel use.

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“We are on the frontline of climate change impact,” said Ralph Regenvanu, special envoy for Vanuatu, which has been leading the ICJ initiative alongside neighboring island states. “Our call for an advisory opinion from the ICJ on climate change is a pivotal moment… one that clarifies the international legal obligations for climate action,” he told reporters ahead of the hearings.

Last year, the UN General Assembly passed a resolution referring two key climate questions to the international judges. First, it asked what obligations states have under international law to protect the climate system from greenhouse gas emissions. Second, it sought clarification on the legal consequences for states whose actions have caused significant harm to the climate system and the environment, particularly in vulnerable countries affected by rising sea levels and extreme weather patterns.

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Joie Chowdhury, a senior lawyer at the Center for International Environmental Law, based in the US and Switzerland, stated that climate advocates did not expect the ICJ’s opinion to provide specific answers but rather a legal framework that would guide future decisions. She predicted that the ruling, expected sometime next year, would influence climate litigation on national and international levels.

Some of the world’s largest carbon emitters, including China, the United States, and India, are among the 98 countries and 12 organizations that will make submissions to the court.

While the 2015 Paris Agreement set the goal of limiting global warming to 1.5 degrees Celsius above pre-industrial levels, progress toward that target remains slow. Preliminary data from the Global Carbon Project, released during the COP29 summit, showed that carbon dioxide emissions from fossil fuel combustion have reached a record high this year.

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