Developing nations expressed concerns that existing international agreements, including the UN Framework Convention on Climate Change and the Paris Agreement, fail to adequately address human rights violations linked to climate change.

The International Court of Justice (ICJ) recently held oral hearings from early December 2024 regarding an Advisory Opinion on the obligations of states concerning climate change, following a request from the United Nations General Assembly.

This request was initiated by Vanuatu on March 29, 2023, highlighting the urgency of addressing climate change at the international level.

During the hearings, over 100 countries presented arguments, with a significant focus on the Paris Agreement and greenhouse gas emission obligations.

A central theme of the discussions was the existence of a recognized right to a clean, healthy, and sustainable environment in international law.

Countries like Samoa and the Organisation of African, Caribbean and Pacific States argued that this right is increasingly recognized as a human right in customary law.

Conversely, the United States and the United Kingdom contended that there is no customary international law supporting a right to a healthy environment, while nations such as Thailand and Sri Lanka advocated for its recognition.

Several international courts have begun to recognize climate protections as human rights, exemplified by a ruling from the European Court of Human Rights in April 2024.

Established in 1945, the ICJ, also known as the World Court, resolves legal disputes between nations and is composed of 15 judges elected for nine-year terms.

Although the ICJ's advisory opinion will be non-binding, it is expected to significantly influence future climate litigation and legislative frameworks.

The ICJ will also evaluate the financial liabilities of countries contributing to climate change and the necessary actions they must take to mitigate its effects.

Judges at the ICJ posed questions regarding the right to a healthy environment, revealing a spectrum of responses from various nations and underscoring the ongoing debate surrounding this critical issue.