The International Court of Justice (ICJ) in The Hague, Netherlands, has recently granted the request of the Parties to the Nauru Agreement Office (PNAO) to participate in the proceedings regarding its advisory opinion on the Obligations of States in respect of Climate Change. This decision comes in response to a request from the United Nations General Assembly (UNGA) for the ICJ to determine the financial liability of countries for their contributions to climate change.
The ICJ has set deadlines for the submission of written statements, with a deadline of March 22 for initial submissions and a response deadline of June 24. The UNGA initially requested the advisory opinion on the legal obligations of countries in preventing climate change on March 29, 2023.
The Court has allowed member states and international organizations to provide written statements to present their legal arguments and opinions. Several organizations, including the African Union, the European Union, and the Pacific Islands Forum, have been authorized to participate in the proceedings. However, the Court has not disclosed which organizations were denied the opportunity to submit written statements.
As of now, the written statements and court documents remain private, with only limited information available through Court-issued press releases. The Court has extended the deadlines for written statements and responses multiple times, with the most recent extension granted in December 2023.
While the process for reviewing the written statements and responses has not been outlined by the Court, it is anticipated that the advisory opinion on climate change will not be released until 2025. This opinion, although non-binding, is expected to provide insight into how the ICJ may interpret future climate-related litigation and influence legislative development.
