The International Court of Justice has announced that a record high 91 member states and organizations have submitted written statements on 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. Parties have until June 24 to submit responses. The Court states that the written statements will not be made public until the beginning of oral arguments. This is the first time the Court has indicated that oral arguments will occur on this opinion.
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 be given the opportunity to weigh in on their legal arguments and opinions through written statements.
It is unknown what international organizations were denied the opportunity to submit written statements, as the Court only announced organizations that were approved. The Court has authorized the African Union; the Alliance of Small Island States (AOSIS); 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); the Organization of the Petroleum Exporting Countries (OPEC); the Pacific Islands Forum; the Parties to the Nauru Agreement Office (PNAO); and the World Health Organization to participate in the proceedings.
The press release went on to state “Pursuant to Article 106 of the Rules of Court, the Court may decide to make the written statements accessible to the public on or after the opening of the oral proceedings in the case.” This is notable as the Court had initially indicating that oral arguments would not occur.
However, the Court has been clear that it is amending the process as needed. This included multiple extensions to the deadline to submit written statements, delaying the process by five months. Due to the record volume of written statements, it is likely that the June 24 deadline for responses will also be extended. The addition of oral arguments practically guarantees the final opinion will not be issued until 2025 or 2026.
The written statements filed by member states (in order of receipt by the Court): Portugal; the Democratic Republic of the Congo; Colombia; Palau; Tonga; Singapore; Peru; Solomon Islands; Canada; the Cook Islands; Seychelles; Kenya; Denmark, Finland, Iceland, Norway and Sweden (jointly); the Philippines; Albania; Vanuatu; the Federated States of Micronesia; Saudi Arabia; Sierra Leone; Switzerland; Liechtenstein; Grenada; Saint Lucia; Saint Vincent and the Grenadines; Belize; the United Kingdom of Great Britain and Northern Ireland; the Kingdom of the Netherlands; the Bahamas; the United Arab Emirates; the Marshall Islands; France; New Zealand; Slovenia; Kiribati; China; Timor-Leste; the Republic of Korea; India; Japan; Samoa; the Islamic Republic of Iran; Latvia; Mexico; South Africa; Ecuador; Cameroon; Spain; Barbados; Sri Lanka; Madagascar; Uruguay; Egypt; Chile; Namibia; Tuvalu; Romania; the United States of America; Bangladesh; Kuwait; Argentina; Mauritius; Nauru; Costa Rica; Indonesia; Pakistan; the Russian Federation; Antigua and Barbuda; El Salvador; the Plurinational State of Bolivia; Australia; Brazil; Viet Nam; the Dominican Republic; Ghana; Thailand; Germany; Nepal; Burkuna Faso; and The Gambia.