World Court Ruling Impacts Australia’s Climate Duties
A historic and unanimous ruling of the International Court of Justice has confirmed countries’ strong obligations under international law to slash climate pollution, and set out the expected legal consequences for breaching these obligations.
In the ruling, the Court states that the climate crisis is: “an existential problem of planetary proportions that imperils all forms of life and the very health of our planet”.
The Climate Council’s preliminary analysis (below) finds the decision has significant implications for Australia.
Climate Council CEO Amanda McKenzie said: “The decision will reverberate across the world and around Australia – in courtrooms, boardrooms, Parliaments and international negotiations.
“The court makes it crystal clear that all countries have significant legal responsibilities to prevent further climate harm by slashing their climate pollution rapidly and deeply.
“The Court’s ruling makes it clear that Australia has international legal obligations to take responsibility for its fossil fuel production-whether used domestically or exported-due to the significant harm it causes and regardless of where the coal, oil, or gas is ultimately burned.
“The world’s highest international court has exploded the Federal Government’s argument that Australia is not accountable for our vast fossil fuel exports. Australia has a legal duty to prevent significant harm to the climate system, not just in our domestic pollution but in all our activities.’
The Court characterises failure to cut a nation’s climate pollution as a “wrongful act” that could trigger obligations to make reparations, including compensation, to other countries injured by the climate crisis.
Climate Council CEO Amanda McKenzie said: “With every fraction of a degree of global heating, we can expect more deadly climate disasters. Already this year, Australians have faced destructive flooding in New South Wales and Queensland, drought in South Australia and Victoria, and devastating marine heatwaves across three states. A strong 2035 climate target, with clear plans to meet it, is vital to protecting vulnerable communities from further harm.”
The Climate Council’s report, Stronger Target, Safer Future: Why Australia’s 2035 Climate Target Matters, shows a strong national target can protect Australians from climate harm, open economic opportunities in modern industries like green metals and renewable power, and enhance our regional security.
https://www.climatecouncil.org.au/resources/worlds-highest-courts-landmark-decision-carries-major-implications-for-australias-climate-obligations/