Is the ICJ Rushing to Rule on “Obligations of States with Regard to Climate Change”?

Essay by Eric Worrall

The US submission to the International Court of Justice is scheduled for December 4th.

International Court Meets With Scientists Ahead Of Climate Change Opinion

Jon McGowanContributor
Nov 26, 2024,04:07pm EST

On November 29, judges of the International Court of Justice met with climate change scientists in anticipation of its advisory opinion on the Obligations of States in respect of Climate Change. …

On March 29, 2023, at the request of Vanuatu, the UNGA asked the ICJ to issue an advisory opinion on the legal obligations of countries in preventing climate change. The opinion, while non-binding, will give an indicator of how the Court may interpret future climate related litigation and guide future legislative development.

The UNGA asked a two questions:

“What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations”?

“What are 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, with respect to: (i) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change? (ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”

The hearings will open on Monday, December 2nd at 10am CEST. At 10:15, Vanuatu and Melanesian Spearhead Group will be given an hour to, in essence, make an opening argument. All other parties are given 30 minutes to make their arguments. The United States will present on December 4 at 4:45 pm CEST.

Read more: https://www.forbes.com/sites/jonmcgowan/2024/11/26/international-court-meets-with-scientists-ahead-of-climate-change-opinion/

The ICJ press release (original available here);

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In my opinion this effort to involve the ICJ in climate policy represents next level geopolitical absurdity. Where will it lead? International Arrest Warrants for national leaders who refuse to accept UN direction on climate policy?

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J Boles
November 27, 2024 10:09 am

“The climate system” seems like reification. As if governments could control the weather.

CD in Wisconsin
Reply to  J Boles
November 27, 2024 10:35 am

As if governments could control the weather.

Exactly what I was thinking. How does the ICJ expect the world’s govts to control the natural drivers of climate and weather systems?

Especially (as I understand it) science does not yet fully understand how all the natural drivers of climate change work. It would be funny if it was wasn’t rather pathetic.

J Boles
Reply to  J Boles
November 27, 2024 10:49 am

If you can’t make the weather as I like it, then pay me!

Jeff Alberts
Reply to  J Boles
November 27, 2024 11:35 am

It rained when it was forecast to be sunny. Gimme!

Bryan A
Reply to  Jeff Alberts
November 27, 2024 12:18 pm

More like
It rained an inch and a half instead of an inch and a quarter.
Where’s our money…Do YOU have it?

oeman50
Reply to  Bryan A
November 28, 2024 5:11 am

Climate change added that extra 1/4 inch of rain. “Climate attribution” sez so. I can’t prove it, but I know it is true!

Dave Fair
Reply to  Bryan A
November 28, 2024 11:55 am

As reflected in the Western countries’ response at COP 29 … even they don’t have it.

November 27, 2024 10:10 am

The opinion, while non-binding…

Hey! The International Court of Justice has the same problem I have with my wife.

Jeff Alberts
Reply to  doonman
November 27, 2024 11:36 am

Indeed. Mine keeps failing to realize that my ESP chip was removed when we were married.

Reply to  Jeff Alberts
November 27, 2024 2:06 pm

Well, once a husband realizes that (and vise versa) his wife’s “thinking chip” is connected to her mouth while his “thinking chip” still works but rarely requires that connection to work,
a better understanding of each other is possible. Love is what keeps both tolerant, for lack of a better word, of each other.

In other words, a woman is more likely to “think out loud” when considering possibilities before reaching a conclusion while a guy is more likely to consider the possibilities internally before reaching a conclusion.
Nothing inherently wrong with either approach but understanding what’s going on can avert potential misunderstanding.
The guy: “Can’t you make up you mind!”
The gal: “But you didn’t even think about it!”

Tom Halla
November 27, 2024 10:48 am

Someone obviously never read Michael Crichton’ State of Fear, where a plot element is a suit by Vanuatu. The kicker in both situations is that the coral islands are not sinking, but growing.

Reply to  Tom Halla
November 27, 2024 2:39 pm

Except perhaps some that are digging up the underwater substance of their islands to construct modern world artifacts such as passenger jet runways.

Bruce Cobb
November 27, 2024 11:14 am

Slowly, but surely, they are attempting to monetize “carbon emmissions”. Different roolz of course, for “developed countries”. Yeah, good luck with that.

Dave Fair
Reply to  Bruce Cobb
November 28, 2024 12:01 pm

After all of the 29 Conferences of Parties they have not been able to convince the Western countries to commit that form of economic suicide.

Sparta Nova 4
November 27, 2024 11:38 am

Get your popcorn and a pillow.

Bryan A
November 27, 2024 12:17 pm

Where will it lead? International Arrest Warrants for national leaders who refuse to accept UN direction on climate policy?

Xi Jinping first
Putin second

Corrigenda
November 27, 2024 12:30 pm
Jeff Alberts
Reply to  Corrigenda
November 27, 2024 1:38 pm

Is there a reason you keep posting this on every thread?

Reply to  Jeff Alberts
November 27, 2024 4:07 pm

Did you mean to say “you keep double posting this on every thread”?

Jeff Alberts
Reply to  ToldYouSo
November 27, 2024 5:28 pm

This was the only double I saw, but if the shoe fits…

Bob
November 27, 2024 1:29 pm

It is past time for the US to take another look at all of it’s associations with international organizations.

mleskovarsocalrrcom
November 27, 2024 2:18 pm

I suspect with the new sheriff in town the USA will be a no show for anything associated with CC …..
again. But this time, being given time to think about it, that sheriff will do something more significant to counter the misinformation. I hope the association with Musk won’t spoil the show. But face it, Trump owes Musk.

Dave Fair
Reply to  mleskovarsocalrrcom
November 28, 2024 12:07 pm

The whole world owes Musk!

November 27, 2024 2:34 pm

This strikes me very much like a conclave of rulers/politicians/priests, say at the time of the height of the Roman Empire, gathering to debate how best to please the gods on Olympus so as to insure good crops and fair sailing on the Mediterranean. Some significant number of them may well believe the drivel, despite all reasonable evidence, because they are, constitutionally or socially, incapable of processing the real evidence of their world. Regardless, the world and its weather will continue to operate as they always have.

November 27, 2024 2:39 pm

I think it was George Washington who warned the new United States of America about “foreign entanglements”.
Why? Their ideas of “Justice” and the purpose of Government were not the same as ours.
Still wise words.

Reply to  Gunga Din
November 27, 2024 4:10 pm

George Washington was much smarter than most people think . . . he knew about the quantum world and entanglements before most physicists of his day.

/sarc

Reply to  Gunga Din
November 27, 2024 9:24 pm

Gunga:
And Pres. Dwight Eisenhower in his farewell letter warned us about the “scientific-technological elite” but people only seem to remember the paragraph on the ” miltary-industrial complex”.
We should not allow our government to be captured by either one.

November 27, 2024 4:03 pm

Per the above article, the UNGA (United Nations General Assembly?) asked:
“What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations”?, and
“What are 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, with respect . . . blah, blah, blah”
(my bold emphasis added)

Of course the UNGA failed to define—either through scientific incompetence or outright intent to obfuscate— what they mean by “the climate system and other parts of the environment”.

“If you can’t define something you have no formal rational way of knowing that it exists. Neither can you really tell anyone else what it is. There is, in fact, no formal difference between inability to define and stupidity.” 
— Robert M. Pirsig, Zen and the Art of Motorcycle Maintenance

guidvce4
Reply to  ToldYouSo
November 30, 2024 5:22 pm

Ah, etchings from my ill spent youth, and some later years. Mention of that book brings back some great memories.

sherro01
November 27, 2024 5:11 pm

Why is a body with “Justice” in its name invite appearances only from some of the most activist “scientists” from the activist “IPCC”?
Surely, an even hand would also invite scientist members of the Clintel group that have declared the climate crisis is over.
Geoff S

Keitho
Editor
November 27, 2024 8:10 pm

Gosh, it seems it has nothing to do with science only about politics using legal methods to prevail. Law fare is everywhere nowadays. Is anybody surprised?

guidvce4
Reply to  Keitho
November 30, 2024 5:32 pm

Its always about money and using politics to get it.

Corrigenda
November 28, 2024 3:09 am

And how will compensation be determined when (as we now see all too clearly) the very concept of human related climate change is increasingly being shown to be false. See this for starters:

https://wattsupwiththat.com/2024/11/19/climate-scientists-officially-declare-climate-emergency-at-an-end/

guidvce4
November 28, 2024 5:54 am

Now would be a good time to tell the “climate cultists” to go pound sand. This includes all the “scientists” etc. who seem to think the rest of the world owes them a living for spreading propaganda. Let’s be clear. The climate idiots couldn’t predict what was happening 40 years ago(ice age a-coming) and can’t accurately predict climate changes today. Just a bunch of over educated and glorified weather folks running around slapping each other on the back for blathering nonsense.
Who controls the weather? The planet and “God”. Punctum.

Dave Fair
November 28, 2024 11:52 am

Who are these “climate scientists” supposedly informing the ICJ? How will the Court determine the validity of conflicting claims by the various climate camps? Will the Court’s evaluation of differing opinions of climate change be based on the support of Leftist governments for alarmist groups? Will the Court consider the UN IPCC Sixth Assessment Report WGI Chapter 12 P. 90 Figure 12.12’s conclusion that extreme weather events globally are not becoming more frequent, intense nor of longer duration over time and that climate change has not and will not be able to affect extreme weather in the foreseeable future, even considering the unrealistic Scenario RPC 8.5 driving the too-hot models?

Will the Court acknowledge the many findings that climate models are not fit for their purposes and that they run too hot? Will the Court recognize that the tropospheric hot spot as demanded by the Enhanced Greenhouse Theory, as reflected in the climate models, is in no way evident in the observational data?

gezza1298
November 30, 2024 5:50 am

In the UK as we now have a government of adolescents from the student union, everything international overrides our own law created by our elected representatives – however thick they may be – and while bend over and take it on command. They are so demented that when asked to choose between 1000s of jobs in the motor industry or net zero green zealotry a commentator replies ‘goodbye jobs’. Amazing for a party founded to represent workers but can no longer provide a definition of a ‘working person’ amongst other things.