Category: Climate Justice

Climate Justice: International Court of Justice Hearings Start Monday, December 2nd

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Exterieur the International Court of Justice (ICJ)
ICJ – THE HAGUE (Netherlands), 1 February 2012 – Exterieur the International Court of Justice (ICJ), on Wednesday 1 February 2012. Photo: CIJ-ICJ/UN-ONU, Capital Photos/Frank van Beek – Courtesy of the ICJ. All rights reserved

Significance of the Public Hearings

The International Court of Justice (ICJ) will hold a series of public hearings on the “Obligations of States in Respect of Climate Change.” Taking place from December 2 to December 13, 2024, at the Peace Palace in The Hague, Netherlands, these hearings aim to clarify the responsibilities of countries and legal sovereignties under international law regarding climate change. With 98 countries and 12 international organizations participating, this event underscores the urgent need for global collaboration in addressing the climate crisis. By exploring legal frameworks, the ICJ’s findings will shape future efforts to protect the environment for current and future generations.

Role of the International Court of Justice (ICJ)

The ICJ is the principal judicial body of the United Nations (UN), established in 1945 and operational since 1946. Based in The Hague, it operates from the iconic Peace Palace and comprises 15 judges elected for nine-year terms by the UN General Assembly and Security Council.

Key Functions of the ICJ:

  • Settling disputes between states: The ICJ resolves legal conflicts submitted by nations, adhering strictly to international law.

  • Issuing advisory opinions: Upon request from authorized UN bodies, the ICJ provides non-binding but influential guidance on legal questions.

While its rulings in disputes are binding, advisory opinions are not legally enforceable. However, these opinions carry significant moral and legal weight, often shaping international policies and behaviors. The ICJ’s work fosters global cooperation and strengthens the rule of law in international relations.

Background of the Climate Change Hearings

In March 2023, the UN General Assembly adopted Resolution A/RES/77/276, requesting an advisory opinion from the ICJ to clarify countries’ obligations regarding climate change. This resolution stems from growing concerns about the insufficient legal accountability for environmental harm caused by greenhouse gas emissions.

Core Legal Questions:

At the hearing, countries and legal countries are being asked to address the following:

  1. Obligations of states: What duties do nations have under international law to protect the climate system from human-caused emissions for present and future generations?

  2. Legal consequences: What are the legal ramifications for countries that, through action or inaction, significantly harm the climate system? This includes:

    • Impacts on vulnerable states: Small island nations and others disproportionately affected by climate change.

    • Effects on individuals: The rights and wellbeing of current and future generations.

        These questions address critical gaps in accountability and aim to establish clearer responsibilities for states under international law.

        Participants and Their Roles

        The hearings will feature 98 states and 12 international organizations, each presenting their perspectives and concerns. For eample, some of the participating legal sovereignties and groups include:

        • Small Island Nations: Countries like Vanuatu will highlight the existential threat posed by rising sea levels and extreme weather, emphasizing the urgency of global action.

        • Major Powers: Nations like the United States and China will provide insights into their roles as major greenhouse gas emitters, outlining their policies and responsibilities in reducing emissions.

        • International Organizations: Entities such as the African Union and European Union will focus on promoting regional cooperation and aligning efforts to achieve climate resilience and sustainability.

        Participants aim to showcase their unique challenges and propose actionable solutions. For example:

        • Small island nations will advocate for stronger protections and financial support to adapt to climate impacts. These nations often face existential threats due to rising sea levels and intensified natural disasters.

        • Larger nations may discuss their responsibilities under international agreements, highlighting efforts to reduce emissions, promote renewable energy, and support global climate initiatives.

        • Regional organizations will stress the importance of collective action, urging countries to collaborate on solutions that benefit both regional and global communities.

        By bringing diverse voices to the table, the hearings will offer a comprehensive picture of the climate crisis and foster a sense of shared responsibility among nations.

        Schedule of Presentations

        The hearings are scheduled with each participant allotted a specific time slot to present their statements. Some of the notable dates and participants include:

        • December 2, 2024: Opening proceedings and presentations by Vanuatu, South Africa, Germany, and others.

        • December 4, 2024: United States, Russian Federation, and Fiji, among others.

        • December 6, 2024: Statements by Kenya, Jamaica, and the African Union.

        The topics covered will include:

        • Legal frameworks: Obligations under treaties like the Paris Agreement.

        • Climate vulnerabilities: Specific risks faced by participating states.

        • Policy recommendations: Proposed actions to strengthen international accountability.

        Why These Hearings Matter

        The ICJ’s advisory opinion holds the potential to reshape the global approach to climate change by providing legal clarity and moral authority on the obligations of states. Here’s why these hearings are significant:

        • Clarifying International Law: The hearings aim to define the specific legal responsibilities of states under international treaties, such as the Paris Agreement, to mitigate and adapt to climate change.

        • Promoting Accountability: By addressing gaps in enforcement, the ICJ’s opinion could encourage countries to align their policies with their legal obligations, setting higher standards for global action.

        • Fostering Global Cooperation: The hearings bring together diverse voices from across the globe, reinforcing the idea that combating climate change is a shared responsibility requiring collective effort.

        • Protecting Vulnerable Communities: The discussions emphasize the disproportionate impact of climate change on small island nations and under-resourced countries, advocating for their protection and support.

        The ICJ’s findings could influence future climate negotiations and encourage stronger commitments from nations. They may also serve as a legal foundation for individuals and communities seeking justice for climate-related harm. Beyond the legal aspects, these hearings inspire hope for a unified global response to the climate crisis, demonstrating how international law can be leveraged to create meaningful change.

        By tackling these critical issues, the hearings demonstrate the power of international law in addressing one of the most pressing challenges of our time.

        Summing Up

        The ICJ’s public hearings on climate change obligations are an important contribution to the fight against the global climate crisis. By clarifying the legal responsibilities of states, these proceedings offer a beacon of hope for more accountable and cooperative international action.

        How to Follow the Hearings

        Here are ways you can follow the hearings via live-streaming:

        The Global Plastic Crisis: Corporate Accountability & Reduction Strategies

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        Photo of plastics near trees. Myanmar (Burma). Photo by Stijn Dijkstra, Pexels.

        The global plastic pollution crisis, driven by major corporations, has reached alarming levels. The recent study “Global Producer Responsibility for Plastic Pollution,” published in Science Advances, reveals a direct link between corporate plastic production and the branded waste found polluting our planet.

        Key Findings of Plastic Pollution and Corporate Influence

        The study, conducted over five years (2018-2022) across 84 countries, with particularly robust coverage in Southeast Asia, Africa, Europe, and North America, analyzed over 1,500 brand audits to quantify the sources of plastic pollution. The findings are staggering:

        • Just 56 companies accounted for over 50% of all branded plastic pollution documented globally.

        • The top contributors include The Coca-Cola Company at 11%, followed by PepsiCo (5%), Nestlé (3%), Danone (3%), and Altria (2%).

        • There was a clear linear relationship between a company’s plastic production levels and the amount of its branded plastic pollution found in the environment.

        • Food and beverage companies producing single-use plastics were disproportionately higher polluters compared to their production volumes.

        • A startling 50% of the plastic pollution items found were completely unbranded. This highlights the need for improved labeling to identify polluter sources and hold companies responsible.

        These results show evidence that major corporations are driving the global plastic crisis through their excessive production of disposable plastic products and packaging. Food and beverage companies, which produce many single-use plastic products, were disproportionately higher polluters relative to their production volumes compared to companies making longer-lasting household and retail products. 

        There were noticeable gaps in data from regions like South America, central and north Asia, the Middle East, and central Africa.

        Strategies for Reducing Corporate Plastic Pollution

        To combat global plastic pollution effectively, the study suggests several strategies:

        • Phase out non-essential single-use plastics: Corporate polluters, especially the largest polluters identified, need to eliminate unnecessary single-use plastic products.

        • Invest in alternative materials: Develop and utilize safer, sustainable materials.

        • Implement reuse and refill systems: Promote systems that reduce the need for single-use packaging and promote and alternative materials.

        • Maintain standards of transparency and accountability: Develop international standards for packaging labeling and branding.

        The study also revealed that 50% of plastic pollution items found were completely unbranded, highlighting a critical lack of transparency and traceability. To address this, the researchers recommend the creation of an international, open-access database where companies would be required to report their plastic pollution – from production to waste.

        By holding corporations accountable and compelling them to fundamentally shift away from single-use plastics, we can move towards tackling the plastic pollution crisis. This data-driven approach provides a clear roadmap for environmental activists, policymakers, and concerned citizens to demand urgent action from the world’s largest plastic polluters.

        The Role of Transparency and Accountability

        The study recommends creation of an open-access global database where companies must quantitatively track and report their plastic product and packaging data, as well as releases into the environment. 

        There is yet no single, comprehensive global database that mandates reporting of all corporate plastic production and waste; however, there are several initiatives that aim to increase transparency and accountability.

        • The Global Commitment and Plastic Pact Network led by the Ellen MacArthur Foundation requires members to track and report their progress on plastic waste reduction. The Plastic Disclosure Project also encourages companies to voluntarily report their plastic pollution.

        • The European Union has implemented directives requiring companies to report on packaging and waste. 

        • The Global Plastic Action Partnership also engages stakeholders to shape national action plans on plastic pollution.

        • Some countries have Extended Producer Responsibility (EPR) legislation, which requires producers to report on production, recycling, and waste management activities. 

        Mobilizing Stakeholders for Action

        The clear link established between corporate plastic production and environmental pollution underscores an urgent need for systemic changes in how plastic products are produced, used, and disposed of. With a significant portion of plastic pollution traceable back to a handful of major corporations, especially those producing single-use plastics, the path forward requires a combined effort of corporate innovation and robust governmental regulation. By focusing on extended producer responsibility and encouraging sustainable alternatives, we can significantly reduce plastic pollution and move towards a more circular economy. It is crucial for governments, corporations, and consumers to work together to implement these changes and preserve our environment for future generations.

        No More Excuses

        The era of excuses and inaction has ended. We must hold these corporations accountable for their contributions to the plastic pollution crisis.

        Source: Cowger, W., Willis, K. A., Bullock, S., Conlon, K., Emmanuel, J., Erdle, L. M., Eriksen, M., Farrelly, T. A., Hardesty, B. D., Kerge, K., Li, N., Li, Y., Liebman, A., Tangri, N., Thiel, M., Villarrubia-Gómez, P., Walker, T. R., & Wang, M. (2024). “Global producer responsibility for plastic pollution.” Science Advances, 10(eadj8275).

        Exposing the Climate Giants: The Impact of Carbon Majors on Global Emissions

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        Pollution emitter. Photo by Marcin Jozwiak on Unsplash

        Carbon Majors: 57 fossil fuel and cement producers linked to 80% of global fossil CO2 emissions since the Paris Agreement

        The Carbon Majors Database: Launch Report, a new comprehensive analysis conducted by InfluenceMap sheds light on the substantial impact that a small group of carbon-producing entities has on global CO2 emissions. This enlightening study traces back to 1854, identifying 117 producers responsible for a staggering 88% of global CO2 emissions from fossil fuels and cement between 2016 and 2022. This revelation comes post-Paris Agreement, underscoring the paradox of increased fossil fuel production amidst global pledges for emission reduction.

        The Carbon Majors Database

        The Carbon Majors Database, initially developed by Richard Heede of the Climate Accountability Institute and now hosted by InfluenceMap, offers an astonishing look into the historical emissions of the world’s largest oil, gas, coal, and cement producers. By categorizing these entities into investor-owned, state-owned, and nation-states, the database highlights the disproportionate role these entities play in driving global CO2 emissions.



        Top 10 entities global fossil CO2 emitters historically (1854–2022) and since Paris Agreement (2016–2022). Source: The Carbon Majors Database Launch Report, April 2024 by InfluenceMap.

        The database reveals that 57 corporate and state entities linked to fossil fuel and cement production are responsible for 80% of the global emissions from 2016 through 2022. This period, notably after the Paris Agreement, has seen most fossil fuel companies ramp up their production, indicating a glaring misalignment with global climate goals.

        The analysis underscores a troubling trend: the majority of fossil fuel companies have increased their production post-Paris Agreement, with a notable rise in emissions from Asian and Middle Eastern producers. This contradicts the global consensus on reducing fossil fuel dependence to mitigate climate change impacts.

        Accountability and Climate Change

        The report’s findings have implications in legal, regulatory, and academic contexts, offering a basis for holding fossil fuel producers accountable for their climate-related impacts. It emphasizes the need for corporate entities to align their operations with climate science and contribute to global emission reduction efforts.

        A key insight from the report is the shift in coal production from investor-owned to state-owned entities, contributing to an increase in global coal consumption. This shift poses challenges to global emission reduction efforts, highlighting the need for comprehensive policies to address state-owned entities’ roles in coal production.

        The report provides a granular look at emissions trends across different regions, with Asia and the Middle East experiencing significant increases in fossil fuel production and emissions. Conversely, North America and Europe show a more moderate trend, reflecting diverse global approaches to energy production and climate policy.

        Final Thoughts

        The Carbon Majors Report is a clarion call for immediate action against the entities most responsible for the climate crisis. There is an urgent need for global cooperation to halt the expansion of fossil fuel production and ensure a just transition to renewable energy sources. It underscores the imperative of global cooperation and corporate accountability in the pursuit of a sustainable future, emphasizing the role of data-driven analysis in informing policy and advocacy efforts.

        Source: The Carbon Majors Database Launch Report, April 2024 by InfluenceMap.