Benefits and Necessity of an Advisory Opinion on the rights of present and future generations

from the adverse effects of climate change: the campaign of World Youth for Climate Justice.

By: Lauriane Eudeline

The climate crisis has been a topic much debated in 2021, from the swift reintegration of the United States to the Paris Agreement back in January 2021,[1] to the much-awaited 26th Conference of the Parties (COP 26) which happened at the end of 2021.[2] Before the COP 26, in October 2021, an intergenerational dialogue on climate justice held at the Peace Palace familiarized an online and in-person audience with the work of World Youth for Climate Justice.[3] World Youth for Climate Justice[4] is a worldwide initiative seeking an Advisory Opinion on the rights of present and future generations from the adverse effects of climate change to the International Court of Justice, the principal judicial organ of the United Nations based in The Hague.[5]

Climate change has already been raised to the International Court of Justice. In 2011, the Pacific Island state Palau already raised the issues emanating from the impacts of climate change at the United Nations General Assembly and called on an urgent action.[6] Palau was not successful in its request for an Advisory Opinion.[7] However, the Pacific island state paved the way to other initiatives, such as the 2016 resolution adopted by the International Union Conservation of Nature on climate change seeking an Advisory Opinion of the International Court of Justice on the principle of sustainable development in view of the needs of future generations.[8] This resolution was also unsuccessful.

In 2019, students from the University of the South Pacific inspired by Palau’s action reframed Palau’s campaign by focusing on human rights and climate change.[9] World Youth for Climate Justice emerged from this student initiative and is now campaigning for human rights obligations, and in particular intergenerational equity.[10] Since then, the youth-led initiative has grown worldwide with campaign fronts in Asia, Europe and America.[11]

Seeking an Advisory Opinion on the obligations of states under international law to protect the rights of present and future generations against the adverse effect of climate change: what does the World Youth for Climate Justice campaign entail?

In July 2021, World Youth for Climate Justice published a report, “Human Rights in the face of the climate crisis: a youth-led initiative to bring climate justice to the International Justice.” In the following passages, two takeaways of the report produced by World Youth for Climate Justice are summarized.[12] First, the fundamental nature of the proposed question makes the Advisory Opinion a legitimate legal tool for such initiative.[13] Second, climate change and its effects on human rights fall within the United Nations General Assembly’s mandate.[14]

The question proposed by World Youth for Climate Justice includes several aspects and fields of law, climate law, environmental law and international human rights law. By proposing an Advisory Opinion, World Youth for Climate Justice hopes that the International Court of Justice could clarify international law, the obligations arising for States as well as the obligations in relation to human rights arising in the environmental context.

Article 96 of the United Nations Charter states that an Advisory Opinion is a legal advice provided to the United Nations or a specialized agency by the International Court of Justice.[15] Advisory Opinions are not binding and their purpose is to clarify and develop international law as well as structure peaceful relations between states.”[16]Additionally, the United Nations General Assembly has the competence of requesting an Advisory Opinion from the ICJ as enshrined in Article 96.1 of the UN Charter.[17] The aforementioned legal sources demonstrate the legitimacy of such an Advisory Opinion.

The World Youth for Climate Justice report also stresses that the United Nations General Assembly already developed the resolutions and legal notions regarding climate change and its human rights implication as proving the early implication of the United Nations itself on the subject through resolutions such as the 1988 “Protection of Global Climate for Present and Future Generations”,[18] the 2009 resolution on “Harmony with Nature”[19] as well as the 2030 Agenda adopted in 2015 including the sustainable goals.[20] Hence, an Advisory Opinion on climate change and human rights obligations proposed to the United Nations General Assembly appears a sound submission as the practice of the United Nations General Assembly implies climate change and human rights related issues. [NZA1]

[Conclusion]

However, a challenge needs to be considered: seeking an Advisory Opinion is conditioned to the simple majority vote by the 193 Member States of the United Nations.[21] Despite this obstacle, World Youth for Climate Justice is particularly optimistic that their campaign will be successful as Vanuatu vowed to sponsor a resolution on climate change and intergenerational equity.[22] Vanuatu started campaigning in September 2021.[23][LE(2]

[1] The White House, ‘Paris Climate Agreement’ <https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/paris-climate-agreement/> accessed 31st January 2022. [2] UN Climate Conference, ‘United Climate Change Conference UK 2021’< https://ukcop26.org/ > accessed 31st January 2022. [3] Nationale jeugdraad, ‘An intergenerational dialogue on climate justice’ (7 October 2021) < https://www.youtube.com/watch?v=xVeTFUeL3i4> accessed 31st January 2022. [4] World Youth for Climate Justice, ‘Our vision’ <https://www.wy4cj.org/> accessed 31st of January 2022. [5] United Nations Charter (adopted 17 December 1963, entered into force 31 August 1965) UNTS XVI Art.92. [6] United Nations, ‘Palau seeks UN World Court opinion on damages caused by greenhouse gases’ <https://news.un.org/en/story/2011/09/388202 > accessed 31stJanuary 2022. [7] Daniel Bodansky, ‘The role of the International Court of Justice in addressing Climate Change: some Preliminary Reflections’ (2017) The Arizona State Law Journal. [8] IUCN World Conservation Congress ‘Request for an Advisory Opinion of the International Court of Justice on the principle of sustainable development in view of the needs of future generation’ (2016). Res 079. [9] World Youth for Climate Justice, ‘Our vision’ <https://www.wy4cj.org/> accessed 31st of January 2022. [10] ibid. [11] ibid. [12] World Youth for Climate Justice, ‘Human rights in the face of climate crisis: a youth-led initiative to bring climate justice to the International Court of Justice’ (July 2021). [13] ibid. [14] ibid. [15] United Nations Charter (adopted 17 December 1963, entered into force 31 August 1965) UNTS XVI Art.96. [16] International Court of Justice, Advisory Jurisdiction, < https://www.icj-cij.org/en/advisory-jurisdiction > accessed 4th February 2022. [17] United Nations Charter (adopted 17 December 1963, entered into force 31 August 1965) UNTS XVI Art.96(1). [18] UNGA Res 43/53 (6th December 1988) A/RES/43/53. [19] United Nations, Harmony with Nature < http://www.harmonywithnatureun.org/> accessed 4th February 2022. [20] UNGA Res 70/1 (21 October 2015) UN Doc A/Res/70/1. [21] World Youth for Climate Justice, ‘Human rights in the face of climate crisis: a youth-led initiative to bring climate justice to the International Court of Justice’ (July 2021). [22] Dr Penelope Ridings, ‘An ICJ Advisory Opinion on Climate Change: can it assist in Driving Ambition?’ (1st November 2021° < https://peneloperidings.com/wp48/index.php/2021/11/01/an-icj-advisory-opinion-on-climate-change-can-it-assist-in-driving-ambition/#:~:text=Vanuatu%20announced%20in%20September%202021,adverse%20effects%20of%20climate%20change. > accessed 4th February 2022. [23] ibid.

[NZA1]This sentence is quite complex, if possible, rephrasing would make it easier to read. [LE(2]Please don’t publish before this is double checked.