Reparations for climate damage under international law: Issues raised by the advisory opinion requested from the International Court of Justice.
Angelet, Nicolas
Reparations for climate damage under international law: Issues raised by the advisory opinion requested from the International Court of Justice. - 2024.
64
In order to answer the questions submitted to it in a request for an advisory opinion on the climate obligations of states, the International Court of Justice will have to clarify not only the primary obligations of states, but also “the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment.” The question of reparation should therefore play an important role in the Court’s opinion. However, this poses particular problems in relation to climate change and its effects. Even if the damage caused by climate change is becoming, and will continue to become, increasingly irreparable, the obligation to repair remains and retains meaning through serving as a sword of Damocles to encourage the main emitters to act.
Reparations for climate damage under international law: Issues raised by the advisory opinion requested from the International Court of Justice. - 2024.
64
In order to answer the questions submitted to it in a request for an advisory opinion on the climate obligations of states, the International Court of Justice will have to clarify not only the primary obligations of states, but also “the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment.” The question of reparation should therefore play an important role in the Court’s opinion. However, this poses particular problems in relation to climate change and its effects. Even if the damage caused by climate change is becoming, and will continue to become, increasingly irreparable, the obligation to repair remains and retains meaning through serving as a sword of Damocles to encourage the main emitters to act.
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