Australia joins Vanuatu's campaign to push for consequences for climate-harming countries through the ICJ

 By foreign affairs reporter Stephen Dziedzic

Posted Thu 2 Mar 2023 at 10:33amThursday 2 Mar 2023 at 10:33am, updated Thu 2 Mar 2023 at 10:43am

Vanuatu's representative to the United Nations said 105 states back its push.(Supplied: Vanuatu Department of Tourism/Kirkland Photos)

Australia will join more than 100 nations and co-sponsor Vanuatu's landmark bid to have the International Court of Justice (ICJ) rule on the legal obligations that states have to deal with climate change and the damage it has caused.

Key points:

• Vanuatu has welcomed Australia's move
• The United Nations could hold a vote on the matter later in the year
• The move could help determine international legal obligations to protect people from climate change, and to compensate individuals and countries

Vanuatu's representative to the United Nations said on Thursday that 105 states — including several European countries, Pacific island nations and a host of smaller developing countries — would join its push to get the UN General Assembly to formally seek an opinion on the international legal obligations countries have to respond to global heating.

Neither China nor the United States, the world's two largest emitters, have signed on as co-sponsors for the motion, and neither have some larger developing countries that remain dependent on coal, including Indonesia and India.

However, an actual vote at the United Nations will not be held until later in the year.

Australia's move to join as a co-sponsor has been welcomed by Vanuatu and environmental groups, which have been urging the government to ramp up its ambition on tackling climate change.

Ruling would not be binding

Vanuatu was slammed by Cyclone Judy on Wednesday, and its foreign minister, Jotham Napat, said the disaster was another reminder of his nation's vulnerability to extreme weather events supercharged by climate change.

"While severe Cyclone Judy is today showing no mercy on the people of Vanuatu, it is welcome news that countries are committing to co-sponsor Vanuatu's UN Resolution on clarifying international climate obligations," he said.

Pacific advisor to Greenpeace Australia Pacific Shiva Gounden said he was also heartened by the strong international support for the motion.

"As the people of Vanuatu look ahead, yet again, to repairing their communities and counting their losses, the support of Australia and other countries around the world will provide hope for a better future," he said.

If the ICJ does agree to take on the issue and delivers an opinion, it would not be binding.

However, Pacific Island officials — who are championing the move — say it will still set a powerful precedent.

It could shape future rulings around the international legal obligations of states to protect people from climate change, and to compensate individuals and countries that suffer as a result of the resulting environmental chaos.

Previously, Australia argued the ruling should not focus solely on the responsibilities of the historically largest emitters, but must also capture the obligations of countries that are currently increasing emissions or that will continue to pollute in future years.

The government hasn't yet issued a public statement on its decision to join as a co-sponsor, but the ABC has approached the office of Foreign Minister Penny Wong for comment.

Source: ABC News