Developing countries should go to court

Re: “In a serious climate crisis, we need serious solutions,” commentary, Dec. 5.

The real solution to climate change could be through international law. Recently the United Nation General Assembly sought a legal opinion from the International Court of Justice on climate change

The response was the following: not only what states are required to do under international law to avert further climate change through both now and in the future, they also have to assess the legal consequences under these obligations both through what they do and fail to do have caused significant harm to climate systems in other parts of the environment and harm to future generations as well as for those countries by virtue of geographical circumstances are vulnerable to adverse effects of climate change.

However a legal opinion from the court is not legally binding.

The court can, however, provide interpretations of international law via customs or treaties such as the UN Framework Convention on Climate Change, UNFCCC.

All states are party to the UNFCCC. The objective of the convention is stabilization of greenhouse gases at a level that would prevent dangerous anthropogenic interference with the climate system. “Such a level should be achieved within a time frame to allow ecosystems to adapt naturally to ensure food production is not threatened and to enable economic development is done in a sustainable way.”

Under convention principles, “The parties should take precautionary measures to anticipate, prevent and minimize any adverse effects on developing countries. Lack of full scientific certainty should not be used as a reason for postponing such measures.”

Given that the developing countries are the most affected but least responsible for climate change, perhaps developing countries could launch a case at the international court.

Joan Russow Victoria