Judgment of the International Court of Justice: ”Polluting countries are responsible for the consequences”

Even Nepal argued in the ICJ and claimed that it is its right to get compensation from the polluting country as it has to bear the brunt of carbon emissions.

Shrawn 17, 2082

Ghanashyam Khadka

Judgment of the International Court of Justice: ”Polluting countries are responsible for the consequences”

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The International Court of Justice (ICJ) has ruled that countries responsible for climate change must be held accountable for its consequences. Experts have commented that this decision of the ICJ is the biggest and most important from the point of view of environmental justice.

The world's three largest carbon emitters responsible for climate change are China, the US, and India. Their industrial activity is a major factor in increasing the melting of Nepal's mountains, which is between the first and third largest emitting countries. However, before this, there were no international documents and decisions that made them responsible for its consequences. 

Now there is a big basis, Nepal can sue China and India at ICJ in Hague. These two countries must be held accountable if the snow melts in Nepal due to their emissions,' said former Supreme Court judge Anand Mohan Bhattarai, who is also an expert on climate justice, 'this time the International Court of Justice has truly confirmed itself as the court of the world.'

Bhattarai commented that the ICJ's decision is of far-reaching importance, "If the government does not make any progress in the process of reducing carbon emissions, the way for citizens to file a case against the government in the domestic court is also open." It is mentioned that there should be. For this, the ICJ decision also mentions that a binding law on climate justice should be made. 

When island nations like Vanuatu began to sink due to climate change, young lawyers from 27 countries raised their voices on international forums and started a campaign to take the matter to the ICJ. According to Prajwalvikram Rana, a Nepalese lawyer who joined the same campaign, last November 90 countries and 12 international organizations held a 13-day long debate and submitted a report to the International Court of Justice to hold the emitting countries accountable. On that basis, the ICJ gave such a decision in the name of the United Nations. The ICJ's 15 judges delivered the unanimous opinion. The implementation of this decision of the ICJ will be discussed in the next General Assembly of the United Nations. "The International Court of Justice has heard our voice for climate justice," says Rana, "Now countries will not be allowed to ignore their role in climate change." Last year, the ICJ asked countries around the world to submit reports and debate on the impacts they have suffered due to climate change. According to that, Nepal also argued in the Hague and claimed that it is its right to get compensation from the polluter, mentioning that it has suffered the most from carbon emissions. 

The ICJ has clearly recognized the right to a clean and healthy environment as a prerequisite for basic human rights such as the right to life, health and an adequate standard of living. Bogdan Aurescu, one of the 15 judges of the ICJ, in his separate opinion mentioned that countries like Nepal have recognized the right to a clean and healthy environment in their domestic laws. That is why he argues that it should be declared as customary international law. In this way, this law is also binding on countries that are not parties to climate treaties. In his opinion, the mention of Nepal will strengthen the leadership of Himalayan and Himalayan countries that are facing the serious effects of climate change, advocate Rana's analysis.

The ICJ says the problem of melting glaciers and rising sea levels must be addressed. "Rising temperatures are melting mountains and glaciers, causing sea levels to rise and creating an unprecedented risk of flooding in coastal areas," the ICJ said. ICJ noted that all this is due to greenhouse gas emissions. From consuming fossil fuel products to its exploration and licensing, the role of states should be linked to climate change. 

Ghanashyam

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