WRITTEN STATEMENT UNDER ICJ PRACTICE DIRECTION XII, TO THE INTERNATIONAL COURT OF JUSTICE ON OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR AN ADVISORY OPINION)
Summary
Natural Justice argues that the ICJ should recognize a State's obligation to reduce greenhouse gas emissions based on a 'fair share' principle and ensure a just transition from fossil fuels. The document emphasizes that Africa is the most vulnerable continent despite contributing less than 4% of global emissions, facing projected annual loss and damage costs between US$ 290 billion and $440 billion by 2030. It asserts that high-income, high-emitting States owe legal obligations to provide financial support via grants rather than loans and must provide reparations—including compensation and restitution—for internationally wrongful acts that cause climate harm.
Key insights
- Africa is identified as the most vulnerable continent to climate change impacts for all scenarios above 1.5 degrees Celsius, despite contributing less than 4% of global greenhouse gas emissions.
- Loss and damage costs for Africa due to climate change are projected to reach between US$ 290 billion and $440 billion annually by 2030, depending on the level of warming.
- The document argues that States have a legal obligation to reduce greenhouse gas emissions according to their 'fair share,' a metric based on a State's global responsibility for causing climate change and its economic capability to address it.
- To limit warming to 1.5°C, global carbon dioxide emissions must decrease by at least 48% from 2019 levels by 2030 and reach net zero around 2050.
- Developed, historically high-emitting States are called upon to immediately stop approving new fossil fuel exploration and production and to phase out existing activities on an expedited timeline.
- Financial support from high-emitting States to developing nations for adaptation and response should be provided exclusively as grants, as loans exacerbate existing debt burdens in African States.
- States should be required to conduct climate impact assessments for new pollution sources or energy policy decisions, accounting for total life-cycle emissions, including 'scope 3' indirect emissions.
- The document asserts that GHG emissions exceeding a State's fair share constitute an internationally wrongful act, triggering State responsibility and the obligation to provide reparations through restitution, compensation, or satisfaction.
Cite the original document
- APA
- Natural Justice (2024). WRITTEN STATEMENT UNDER ICJ PRACTICE DIRECTION XII, TO THE INTERNATIONAL COURT OF JUSTICE ON OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR AN ADVISORY OPINION). https://naturaljustice.org/wp-content/uploads/2024/05/Final-AFRICAN-NGO-STATEMENT_ICJ-AO_22.3.24.pdf
- Chicago
- Natural Justice. WRITTEN STATEMENT UNDER ICJ PRACTICE DIRECTION XII, TO THE INTERNATIONAL COURT OF JUSTICE ON OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR AN ADVISORY OPINION). 2024. https://naturaljustice.org/wp-content/uploads/2024/05/Final-AFRICAN-NGO-STATEMENT_ICJ-AO_22.3.24.pdf.
- Wikipedia
- {{cite press release |author=Natural Justice |title=WRITTEN STATEMENT UNDER ICJ PRACTICE DIRECTION XII, TO THE INTERNATIONAL COURT OF JUSTICE ON OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR AN ADVISORY OPINION) |date=22 March 2024 |url=https://naturaljustice.org/wp-content/uploads/2024/05/Final-AFRICAN-NGO-STATEMENT_ICJ-AO_22.3.24.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @misc{naturaljustice2024written, author = {{Natural Justice}}, title = {{WRITTEN STATEMENT UNDER ICJ PRACTICE DIRECTION XII, TO THE INTERNATIONAL COURT OF JUSTICE ON OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR AN ADVISORY OPINION)}}, publisher = {Natural Justice}, year = {2024}, month = mar, url = {https://naturaljustice.org/wp-content/uploads/2024/05/Final-AFRICAN-NGO-STATEMENT_ICJ-AO_22.3.24.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
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