Courts across the world are seeing more climate cases at all levels across a variety of litigation. Greenwashing cases have been brought against major corporations, a variety of tort litigation has been brought against carbon majors, and municipalities and governments have faced litigation based on climate policy. While cases play out nationally, there has also been an influx of international cases on the world stage. One of these was the recent decision from the International Tribunal for the Law of the Sea which ruled that signatories had a duty to reduce emissions and protect ecosystems. Another international body, the UN’s International Court of Justice (ICJ), is also set to hear a major climate case A recent article in Nature examines the case stating:
“This is where the entry of the world’s highest court could be a game changer. In the next few months, the International Court of Justice (ICJ), the United Nations’ principal judicial organ in The Hague, the Netherlands, will begin hearing evidence on two broad questions: first, what are countries’ obligations in international law to protect the climate system from anthropogenic greenhouse-gas emissions, and second, what should the legal consequences be for states when their actions — or failure to act — cause harm?”
While the ICJ does not have the authority to create binding precedent, its decision may help spur climate action globally, especially in jurisdictions outside the US. The ICJ has the potential to set an international standard for what we expect from countries regarding efforts to prevent and mitigate climate change. These standards are likely to have a “trickle-down” effect on companies. As jurisdictions change their laws and requirements to meet international standards, companies may find their operations hampered by new regulations. Those developing and implementing climate plans will have an easier time transitioning to new regulatory schemes than those taking a “wait and see” approach.
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