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 * International Court of Justice concludes hearings on the obligations of
   states in respect of climate change


INTERNATIONAL COURT OF JUSTICE CONCLUDES HEARINGS ON THE OBLIGATIONS OF STATES
IN RESPECT OF CLIMATE CHANGE

Published: 16th Dec 2024

Photo by Alin Andersen on Unsplash

On 13 December, the International Court of Justice concluded two weeks of oral
hearings in advisory proceedings on the obligations of states in respect of
climate change. Matrix members involved in the proceedings included: Toby Fisher
acting for New Zealand; Kate Cook acting for a small island state; and Joanna
Buckley who provided written submissions for WWF.

Through the proceedings, the Court is seeking to answer questions posed to it by
the UN General Assembly on 29 March 2023, namely:

(a) What are the obligations of States under international law to ensure the
protection of the climate system and other parts of the environment from
anthropogenic emissions of greenhouse gases for States and for present and
future generations;

(b) What are the legal consequences under these obligations for States where
they, by their acts and omissions, have caused significant harm to the climate
system and other parts of the environment, with respect to:

(i) States, including, in particular, small island developing States, which due
to their geographical circumstances and level of development, are injured or
specially affected by or are particularly vulnerable to the adverse effects of
climate change?

(ii) Peoples and individuals of the present and future generations affected by
the adverse effects of climate change?”

There is an urgent and pressing need for clarity on the answers to these
questions. It is well established that anthropogenic climate change poses a
direct and immediate threat to global security and prosperity. The First Global
Stocktake under the Paris Agreement confirmed that States’ nationally determined
contributions, if implemented in full, will only reduce anticipated global
temperature increase from 4°C to between 2.1 and 2.8 °C, and there is a huge gap
between the commitments made in States’ NDCs and the policies required to
deliver them. On the current trajectory the global average temperature increase
is set to significantly overshoot the Paris Agreement temperature goal and risk
triggering tipping points with catastrophic consequences.

In March 2024, more than 90 States and international organisations filed written
submissions to the Court on the questions posed.  In August 2024, States and
international organisation filed written comments responding to the submissions
of others. Between 2 and 13 December, the Court heard oral submissions.

The Court is expected to provide its advisory opinion (which is non-binding but
reflects an authoritative statement of international law) some time in the
latter half of 2025.


RELATED MEMBERS

Toby Fisher



Called: 2008



Kate Cook



Called: 1990



Joanna Buckley



Called: 2011




RELATED PRACTICE AREAS

International LawPrivate International LawEnvironmental Law and Natural
ResourcesInternational Environmental Law and Law of the Sea


RELATED CONTENT

Latest Insights
 * ESG: Global – Is the ASA’s approach to greenwashing sustainable?
 * Matrix Podcast: ESG Hide and Seek
 * James Robottom: The Safety of Rwanda Act, Slavery and the Common Law

Latest Judgments
 * Judgment Summary: Alateeqi v Kuwait Investment Authority, Case Number:
   2207953/2022
 * High Court identifies gap in the law when the Crown Prosecution Service offer
   no evidence
 * High Court holds that Secretary of State ran an unlawful secret policy which
   frustrated the right of c.1500 confirmed victims of modern slavery to leave
   to remain

Latest Events
 * 8th Annual SEN Law Conference
 * Matrix Annual Student Open Afternoon and Diversity Open Evening
 * A discussion on the ECHR Verein KlimaSeniorinnen Schweiz with their Counsel
   Jessica Simor KC and Marc Willers KC

Latest News

79 final divorce orders held to be voidable rather than void



Divisional Court quashes decision to lift child defendant’s anonymity following
murder conviction



Matrix Festive Period: Opening Hours

> Matrix Chambers has a stellar range of exceptional, experienced, juniors and
> top-level silks
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> The support staff at Matrix Chambers are very helpful and friendly and the
> calibre of barristers both at the senior and junior level is exceptional.
> 
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> The client service is second to none. Nothing is too much trouble and you
> always receive a helpful response.
> 
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> The 'outstanding' Matrix Chambers is 'a stellar set and provide excellent
> representation to clients as well as support to solicitors through excellent
> training
> 
> Legal 500

> Their clerking teams really are a cut above: extremely capable, well organised
> and well resourced.
> 
> Chambers & Partners

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t: +32 (0)25 176 107


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