Judicial Intervention of the International Court of Justice on Climate

Even though it is suffering from severe effects, it is not possible to stop it or reduce the effects by one effort of Nepal or other affected countries. This requires high carbon emitting countries to improve their activities and support affected countries.

श्रावण १८, २०८२

सम्पादकीय

Judicial Intervention of the International Court of Justice on Climate

What you should know

The long-standing efforts made to make them responsible for the bad results caused by high carbon emitting countries are likely to materialize. With the International Court of Justice (ICJ) deciding that countries responsible for climate change must be held accountable for its consequences, there is hope to end the cycle of irresponsibility.

His decision is a milestone in global environmental justice. It has also provided a basis for seeking justice and holding accountable the responsible countries for those who have to suffer heavy punishment for the mistakes made by the Himalayan and island nations. How is the decision of the ICJ reflected in practice? How concrete and results-oriented is it? How helpful is it in our efforts to mitigate the effects of climate change? Matters like that are pending. For now, the decision is sure to shake up the national and international forums related to the environment and climate.

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. Last November, 90 countries and 12 international organizations held a 13-day long debate and submitted a report saying that the emitting countries should be held accountable in the International Court of Justice. On that basis, the ICJ gave 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. Along with this, the voices of the Himalayan nations like Nepal and many island nations, which are suffering the effects of climate change, have become undocumented. has become more legal. As the impact of climate change increases, the ICJ's decision is more important for us in the background that every year our Himalayan regions are disturbed and it is also causing human losses. 

Nepal's share in global carbon emissions is only 0.027 percent. But climate change caused by carbon emissions and its negative effects and risks are ahead. Due to rising temperatures, the amount of snow in the mountains is decreasing at a rapid rate. It has also increased the risk of the water level in the glaciers decreasing or the glaciers breaking up. The rate of over-rainfall, lack of rain or under-rainfall has increased. The possibility of floods and landslides has increased. Changes in the weather and especially the rainfall cycle have also affected the traditional cycle of farming. As a result, the quantity and quality of food production has changed. Traditional farming systems are becoming fragmented. Rising temperatures have made human activity uncomfortable. There has been a change in the habitat area of domesticated or wild animals. The very existence of some is in crisis. Previously, the presence of mosquito-like creatures seen in Terai Madhesh and the transmission of diseases through them has reached the Himalayan region. It ultimately has a negative impact on socio-economic activities. The very existence of many island nations is at risk.

This topic is of more interest to us because of the development speed of our neighboring countries, the carbon emissions that are occurring in the process and the sensitivity of our geography. The world's largest carbon emitting countries are China, America, India, Russia, and Japan. The first and third largest countries are neighbors of Nepal. On the one hand, the speed of development of these two countries has become fast, on the other hand, in Nepal, the melting of mountains and bad effects of climate have become fast. With the decision of the ICJ, the basis for seeking justice for the effects we are experiencing has been obtained. If Nepal wants, it can sue China and India in the ICJ in The Hague and hold them accountable if Nepal's snow melts due to their carbon emissions. Other countries can also benefit from this decision. Even though the

is experiencing intense impact, it is not possible to stop it or reduce the impact by one effort of Nepal or other affected countries. This requires high carbon emitting countries to improve their activities and support affected countries. That is why the issue of climate fund is being discussed. But high carbon emitting countries are not found to be sensitive and responsible. The main reason for this is that they are not in a meaningful position to point the finger at the increase in climate change and its negative effects due to their activities. The ICJ decision fills the gap in international documents and judgments holding them accountable. In the 457-page long 'Advisory Opinion' titled 'Responsibility of Countries in Climate Change' given by the ICJ to the United Nations, it is mentioned that countries must be responsible for their citizens and the earth's environment in order to protect the world. If the recommendations of this comprehensive document can be followed, the causes and effects of climate change can be minimized. For this, the unity of Himalayan and island nations should become stronger. We should make our voices collective in every relevant platform.

सम्पादकीय कान्तिपुर दैनिकमा प्रकाशित सम्पादकीय

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