Ask the Expert: Analyzing the UNGA Resolution Asking the ICJ for Advisory Opinion on Climate Changeand Supporting the Campaign of WY4CJ

Contributon by M. Hafijul Islam Khan and Moumita Das Gupta

28 March 2023

The final draft of the United Nations General Assembly (UNGA) Resolution by asking the International Court of Justice (ICJ) for Advisory Opinion (AO) on Climate Change is going to be placed before the UNGA for voting within a couple of days. A huge number of co-sponsorship by different countries made it already confirmed that this resolution is going to be adopted and the questions, as drafted, are going to be placed before the ICJ for AO.

These questions cover both intra-State and inter-State obligations for protecting not only the climate system but also other parts of the environment. Furthermore, these questions also addressed the rights of both present and future generations.

When these questions will be submitted to the ICJ, all the State parties will be entitled to pursue the AO through their submissions by either claiming or denying the State obligations. However, as the facts regarding State responsibilities are already admitted by different international instruments, to deny those as a whole is just next to impossible for the ICJ.

Thus, worldwide, all the supporters of climate justice should do their best to pursue the ICJ through their submissions as such as the AO adds more momentum to the climate justice campaign. Though this AO will not impose any burden of liabilities or compensations on any of the State Parties, still, it has every possibility to accelerate the present hike of climate litigations in order to ensure climate justice all over the world.

World Youth for Climate Justice (WY4CJ), being comprised with the young campaigners, is a great forum to represent the future generations in this occasion. They are mobilizing the youth and also asking support from the experts for their movement all over the world. Being active supporters of climate justice, hereby, we are expressing our wholehearted support to the worldwide campaign of the WY4CJ to ensure climate justice for the future generations.

Authors & Affiliations

M. Hafijul Islam Khan (Hafij Khan)
Advocate, Supreme Court of Bangladesh;
Director, Centre for Climate Justice-Bangladesh (CCJ-B);
Co-coordinator, Loss and Damage Team, LDCs Climate Group at UNFCCC;
Member, Executive Committee of Warsaw International Mechanism for loss and damage at UNFCCC.

AND

Moumita Das Gupta
Advocate, Supreme Court of Bangladesh;
Research Fellow, Centre for Climate Justice-Bangladesh (CCJ-B).