UN’s top court in landmark climate change decision enshrines human right

The Hague: Judges with the United Nations’s top court say in a landmark climate decision that a “clean, healthy and sustainable environment” is a human right.

The International Court of Justice is delivering an advisory opinion Wednesday about nations’ obligations to tackle climate change and consequences they may face if they don’t.

The non-binding opinion, which runs to over 500 pages, is seen as a potential turning point in international climate law.

Enshrining a sustainable environment as a human right paves the way for other legal actions, including states returning to the ICJ to hold each other to account, as well as domestic lawsuits.

“The human right to a clean, healthy and sustainable environment is therefore inherent in the enjoyment of other human rights,” court President Yuji Iwasawa said.

The decision could serve as the basis for other legal actions, including domestic lawsuits, and legal instruments like investment agreements.

The case is led by the Pacific island nation of Vanuatu and backed by more than 130 countries.

All UN member states including major greenhouse gas emitters like the United States and China are parties to the court.

Outside the court, climate activists gathered.

They held a banner that read: “Courts have spoken. The law is clear. States must ACT NOW.” The courtroom, known as the Great Hall of Justice, was packed.

A panel of 15 judges was tasked with answering two questions: What are countries obliged to do under international law to protect the climate and

environment from human-caused greenhouse gas emissions? Second, what are the legal consequences for governments when their acts, or lack of action, have significantly harmed the climate and environment?