Countries could be sued for failing to tackle climate crisis

Landmark authoritative historic ruling from the International Court of Justice says nations failing to protect planet could be violating international law

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THE United Nations' top court has said countries could be in violation of international law if they fail to take measures to protect the planet from climate change, and nations harmed by its effects could be entitled to reparations.

Advocates immediately cheered the landmark advisory opinion from the International Court of Justice (ICJ) on nations' obligations to tackle climate change and the consequences they may face if they fail to do so.

"Failure of a state to take appropriate action to protect the climate system... may constitute an internationally wrongful act," court president Yuji Iwasawa said during last week's hearing.

He called the climate crisis "an existential problem of planetary proportions that imperils all forms of life and the very health of our planet."

Last week's nonbinding opinion, which runs to more than 500 pages, was hailed as a turning point in international climate law.

Notably, the court said a "clean, healthy and sustainable environment" is a human right. That paves the way for other legal actions, including states returning to the ICJ to hold each other to account as well as domestic lawsuits, along with legal instruments such as investment agreements.

The case was led by the Pacific island nation of Vanuatu and was backed by more than 130 countries.

All UN member states, including major greenhouse gas emitters such as the United States and China, are parties to the court.