United Nations adopts landmark resolution on climate justice

Resolution hailed as ‘win for climate justice of epic United Nations adopts landmark resolution on climate justice proportions’ should make it easier to hold countries accountable for failures
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A UN resolution was adopted on Wednesday that should make it easier to hold polluting countries legally accountable for failing to tackle the climate emergency, in a vote which was hailed as a historic victory for climate justice.

The UN general assembly adopted by consensus the resolution spearheaded by Vanuatu, a tiny Pacific island nation vulnerable to extreme climate effects, and youth activists to secure a legal opinion from the international court of justice (ICJ) to clarify states’ obligations to tackle the climate crisis – and specify any consequences countries should face for inaction.

“Today we have witnessed a win for climate justice of epic proportions,” said Ishmael Kalsakau, prime minister of Vanuatu. “Today’s historic resolution is the beginning of a new era in multilateral climate cooperation, one that is more fully focused on upholding the rule of international law and an era that places human rights and intergenerational equity at the forefront of climate decision-making.”
The resolution, which was co-sponsored by more than 120 countries including the UK, but not the US, will help establish a legal litmus test of sorts for the global climate justice movement seeking to hold countries to account for climate failures in the courts.

It comes on the day the Biden administration opened an auction to drill 73m acres of the Gulf of Mexico for oil and gas – and just days after the self-acclaimed “climate president” approved a massive, multi-decade-long oil and gas drilling project in Alaska, which will create one of the largest “carbon bombs” on US soil.

While the opinion from the world’s highest court will not be binding in domestic courts, establishing international legal rules can be influential on judges and governments. It also represents the first attempt to establish climate action obligations under international law, which advocates hope will strengthen climate-related litigation by helping vulnerable states and advocates hold countries accountable for their action and inaction.

The resolution emerged out of mounting frustration at the mismatch between the global community’s rhetoric and action on climate change, amid escalating losses for countries such as Vanuatu, which face an existential threat due to sea-level rise. The frustration spurned a social movement led by Vanuatu law students turned youth activists, and work on the resolution was led by Indigenous lawyers in the Pacific.

In essence, the ICJ advisory will help establish whether there is legal obligation for countries to do what they have committed to in non-binding treaties such as the 2015 Paris climate accord, and whether failure to do so can be challenged through litigation.