The International Court of Justice has granted the World Health Organization's request to participate in the advisory opinion procedure on states' obligations on climate change. At the request of the United Nations General Assembly, the ICJ will determine countries' existing financial responsibilities for their contributions to climate change. Notably, the WHO authorization was granted without extension after the March 22 documentation deadline. This leaves him with a deadline of June 24th to submit his response.
On March 29, 2023, UNGA requested the ICJ to issue an advisory opinion on countries' legal obligations to combat climate change. Although the opinion is not binding, it will provide an indication of how courts will interpret future climate-related litigation and guide future legislation.
The United Nations has sent the first package of relevant laws and treaties. The Court held that Member States and international organizations should also be given the opportunity to consider legal arguments and opinions through written representations.
It is unclear what international organizations were denied the opportunity to submit written statements, as the court only announces recognized organizations. So far, the court has recognized the African Union. Association of Small Island States (AOSIS). Commission on Small Island States on Climate Change and International Law. European Union; Forum Fisheries Agency (FFA). International Union for Conservation of Nature. Melanesian Spearhead Group (MSG). Organization of African, Caribbean and Pacific States (OACPS). Organization of the Petroleum Exporting Countries (OPEC). Pacific Islands Forum. and Parties to the Nauru Agreement Secretariat (PNAO) to participate in the proceedings. The WHO's March 26 addition is likely to be the last. It is unclear which member states submitted written statements, but
The statement and court documents are currently private. However, the WHO has previously maintained that climate change is a public health emergency. At the Strategic Roundtable in May 2023, WHO Director-General Dr. Tedros Adhanom Ghebreyesus said, “The climate crisis is a health crisis, accelerating epidemics, contributing to higher rates of non-communicable diseases, and reducing the burden on health workers.” “There is a risk that this could overwhelm people and medical infrastructure,” he said. ”
Although the court has not yet outlined the process it will use once written statements and responses are received, I believe it is likely that the advisory opinion will not be issued until sometime in 2025.
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