Natural Justice submitted a comment to the International Court of Justice on the obligations in respect of climate change. In these submissions, they highlight:
The need for a generous interpretation of the international legal obligations of States in relation to climate change, that encompasses the broad spectrum of human rights and international law principles, that are engaged by the climate crisis, particularly in the African context.
The need for the International Court of Justice, in considering the questions before it, to take into account the disproportionate environmental, economic and social effects of the climate crisis in Africa and the pre-existing socio-economic circumstances of the African continent. These circumstances are made worse by the climate crisis and place a multitude of internationally protected human rights at risk.
That States have extensive obligations under international law to protect the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases. This includes legal obligations owed by high-emitting developed States towards African States.
The relevant international laws must be interpreted to include, at least, the following obligations:
- All States must reduce their greenhouse gas emissions in line with, at least, their fair share;
- States must use their best efforts to ensure a just transition to clean energy and away from fossil fuels;
- States must, prior to decision-making, consider the climate change impacts of any new sources of climate pollution, including fossil fuel projects, or decisions affecting energy policy; and
- High-income and high-emitting States have an obligation to provide support to States less responsible for greenhouse gas emissions.
As a legal consequence of States causing harm to the climate system, there should be a broad and effective range of remedies available to States that have suffered as a result, including compensation for loss and damage.
