It’s Time for Climate Change to Reach the International Court of Justice

Dec 14, 2022 | Douglas Kysar
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For several decades, powerful governments and corporations have possessed detailed knowledge regarding the catastrophic risks posed by human-caused climate change. Yet, during those same decades, many holders of public and private power have aggressively resisted efforts to steer human technologies and activities to a less destructive, more sustainable path.

In 2019, a coalition of law students from the University of the South Pacific took that anger and concern and channeled it into an inspiring and urgent campaign — an initiative to bring the issue of climate justice to the International Court of Justice (ICJ). Under United Nations procedures, a majority of member states in the General Assembly can request an advisory opinion from the ICJ, essentially calling on that tribunal to clarify states’ rights and responsibilities on matters of international significance. An advisory opinion from the ICJ could make clear that nations whose emissions of greenhouse gases contribute to serious harm in other countries have a duty under international law to cease or alter their harmful activities.

In quick order, the Pacific island students earned the attention and support of their governments and expanded the initiative into a global youth climate justice campaign.