Watch out for the legal implications of climate inaction

An ICJ order on climate action signals the need to rethink our strategy for legal challenges to be kept at bay

- LEENA SRIVASTAVA

On July 23, the International Court of Justice (ICJ) issued a landmark advisory opinion on climate action that asks all states to act. It calls upon states to (i) prevent significant harm to the environment, laying out a due diligence standard requiring countries to maintain legal, regulatory, administrative, and enforcement measures to achieve rapid and sustained emission reductions, and (ii) mandatorily cooperate with other countries internationally, which involves acting in good faith through information-sharing, joint efforts to mitigate the effects of climate change and transferring the technology needed to achieve the goals of climate treaties. Both these duties are under customary law and therefore applicable to all states regardless of their signatory status vis-à-vis climate treaties. This ruling, although not backed by enforcement power, is being hailed for increasing the pressure of legal opinion on states that are not acting in conformity with the Paris Agreement's goals.

India too may come under increased scrutiny on its climate actions under the Paris Agreement. The possibility of legal action cannot be ruled out. The ICJ ruling recognizes and endorses the principle of common but differentiated responsibility (CBDR). But it also recognizes that the classification of countries as 'developing' or 'developed' is not static, opening the door to much stricter obligations for India as we pursue our vision of achieving developed-country status by mid-century.