Express View on ICJ verdict on climate obligations: A welcome nudge
Ten years after the Paris Pact set the roadmap for climate action, numerous inclement weather events all over the world have shone unflattering light on the absence of a collective resolve to decarbonise the world economy. The UN's annual climate meet has taken important decisions to compensate countries for loss and damages due to global warming-induced disasters. Yet, these meetings continue to be held hostage by decades-long differences over who should contribute how much to the mitigation efforts. Last year's UNFCCC meet at Baku, billed as the finance CoP, was a particular disappointment. Leaders of most major economies failed to turn up, and less than two months after the summit, the US President pulled his country out of the Paris Climate Pact for the second time in less than 10 years. The US did not face any legal challenge for pulling out of the treaty, and developed countries have, by and large, got away with not meeting their financial obligations. The ICJ advisory has not spelt out any consequences for defaulters. However, its strong endorsement of compensation to countries that suffer climate damage could trigger a wave of litigation for damages. In recent years, developed nations have reluctantly acknowledged that vulnerable countries require assistance to deal with climate disasters, but they have rejected any suggestion for reparations. The ICJ's opinion could move the needle forward.
The top UN court has also affirmed the salience of the principle of 'common but differentiated responsibilities'. As rich countries increasingly put pressure on emerging economies, such as India, to assume more global warming mitigation responsibilities, this founding tenet of climate negotiations has come under increasing strain. The ICJ advisory should jolt the historically high emitters and nudge them to fulfil their climate commitments.
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