The International Court of Justice (ICJ) issued last week what sounds like a very consequential ruling, confirming that international law does indeed require states to prevent significant harm to the climate, and that failure to do so can trigger legal responsibility. So, states do have a legal obligation with respect to climate change, and a legal duty to take action to prevent "transboundary environmental harm", to reduce greenhouse gas emissions, and to adapt to the adverse impacts of climate change.
Failure to do so, the opinion states, can result in legal consequences, such as: cessation and guarantees of non-repetition (e.g. licences promoting fossil fuel activity could legally be revoked); restitution of ecosystems could be required; financial compensation may be demanded; etc.
In theory, the opinion should influence future domestic and international climate litigation, shape future negotiations including UN climate rulings, and provide leverage for individual states calling for accountability and climate justice. The opinion may be relied upon as a highly authoritative statement of the law by domestic courts called on to decide on a case (and whose decisions ARE enforceable).
Like I say, it sounds consequential. But in fact this is just an advisory opinion, not legally binding in itself, even though the legal advice was requested by all 193 UN member countries. Can you imagine Donald Trump accepting any such ruling (or Russia, or China, or any number of other maverick states)?
Frankly, it's hard to imagine even Canada taking any concerted climate action as a result of it. For example, taking the legal opinion seriously would mean that all subsidies for the oil and gas sector should be phased out forthwith. All those recently announced nationally significant infrastructure projects, like liquefied natural gas plants, new oil pipelines, carbon sequestration projects, etc? Technically illegal, according to this ICJ opinion.
Canada may recognize international law regarding a host of other matters, from trade, foreign investment and banking, to drug trafficking, terrorism, tax evasion and corruption. But don't hold your breath expecting Mark Carney to suddenly change the trajectory on which he was so recently elected.
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