For a second time, the International Court of Justice has extended the deadline for submissions of written statements in its advisory opinion on the Obligations of States in respect of Climate Change. At the request of the United Nations General Assembly, the ICJ will determine the existing financial liability of countries for their contribution to climate change. The updated timeline extends the final timeline to mid-2024.
On March 29, 2023, the UNGA asked the ICJ to issue an advisory opinion on the legal obligations of countries in preventing climate change. The opinion, while non-binding, will give an indicator of how the Court may interpret future climate related litigation and guide future legislative development.
The UN sent an initial package of relevant laws and treaties. The Court determined that members states and international organizations should also given the opportunity to weigh in on their legal arguments and opinions through written statements. Initially, the Court set a deadline of October 20, 2023, to submit written statements. The states would then have until January 22, 2024, to respond to the written statements provided by other entities.
In September, the Court extended the deadline for written statements until January 22, and April 22 to submit responses. The Court has again extended the deadline. Now the deadline for written statements is March 22 with a deadline of June 24 for responses.
Currently, the written statements and court documents are private. The only information available is through Court issued press releases. Those press releases have been limited to time-limit extensions and the approval of international organizations to submit written statements. It is unclear what member states have already submitted, or plan to submit, written statements.
It is unknown what international organizations were denied the opportunity to submit written statements, as the Court only announces organizations who have been approved. So far, the Court has authorized the African Union, the Commission of Small Island States on Climate Change and International Law; the European Union; the Forum Fisheries Agency (FFA); the International Union for Conservation of Nature; the Melanesian Spearhead Group (MSG); the Organisation of African, Caribbean and Pacific States (OACPS); and the Organization of the Petroleum Exporting Countries (OPEC) to participate in the proceedings. On December 20, the court approved Pacific Islands Forum and the Alliance of Small Island States (AOSIS).
While this delay adds another two months to the timeline, I suspect it will not be the last as it appears the Court is operating with an abundance of caution in allowing parties the time to properly prepare their written statements. The Court has yet to outline the process it will use once the written statements and responses are received, but I believe the advisory opinion will most likely not be released until sometime in 2025.