The Gambia and 99 other countries are set to appear before the International Court of Justice to answer questions regarding their obligation to climate change.
On October 15, the Registrar of the International Court of Justice announced the schedule for the oral arguments in its opinion on climate change. The hearings will begin on Monday, December 2, with over 100 countries including The Gambia and organisations presenting over 12 days. At the request of the United Nations General Assembly, the ICJ will determine the existing financial liability of countries for their contribution to climate change. The advisory opinion on the Obligations of States in respect of Climate Change, while non-binding, will impact how countries develop sustainability and climate change related laws moving forward.
On March 29, 2023, the UNGA asked the ICJ to issue an advisory opinion on the legal obligations of countries in preventing climate change. The opinion, while non-binding, will give an indicator of how the Court may interpret future climate related litigation and guide future legislative development.
The UN sent an initial package of relevant laws and treaties. The Court determined that members states and international organisations should also be given the opportunity to weigh in on their legal arguments and opinions through written statements. The initial written statements were due on March 22, 2024.
In April, the Court announced they had received a record high 91 written statements from member states and international organizations. Those parties had until August 15 to file written responses. On August 16, the Court stated it had received 62 responses by the deadline.
The August press release also set December 2 as the start date for public hearings. The hearings will occur at the International Court of Justice in The Hague, Netherlands. On October 15, parties participating in oral arguments were sent a schedule.
For now, the ICJ has not released the written statements or responses. It is anticipated they will be released when oral arguments begin.
Given the complexity of the case, it is most likely that the Court will not issue its opinion until the end of 2025.
The written statements filed by member states (in order of receipt by the Court): Portugal; the Democratic Republic of the Congo; Colombia; Palau; Tonga; Singapore; Peru; Solomon Islands; Canada; the Cook Islands; Seychelles; Kenya; Denmark, Finland, Iceland, Norway and Sweden (jointly); the Philippines; Albania; Vanuatu; the Federated States of Micronesia; Saudi Arabia; Sierra Leone; Switzerland; Liechtenstein; Grenada; Saint Lucia; Saint Vincent and the Grenadines; Belize; the United Kingdom of Great Britain and Northern Ireland; the Kingdom of the Netherlands; the Bahamas; the United Arab Emirates; the Marshall Islands; France; New Zealand; Slovenia; Kiribati; China; Timor-Leste; the Republic of Korea; India; Japan; Samoa; the Islamic Republic of Iran; Latvia; Mexico; South Africa; Ecuador; Cameroon; Spain; Barbados; Sri Lanka; Madagascar; Uruguay; Egypt; Chile; Namibia; Tuvalu; Romania; the United States of America; Bangladesh; Kuwait; Argentina; Mauritius; Nauru; Costa Rica; Indonesia; Pakistan; the Russian Federation; Antigua and Barbuda; El Salvador; the Plurinational State of Bolivia; Australia; Brazil; Viet Nam; the Dominican Republic; Ghana; Thailand; Germany; Nepal; Burkuna Faso; and The Gambia.
forbes
