India argued at the ICJ for increased climate finance from developed countries, highlighting inadequate funding commitments that fail to meet the $1 trillion annual requirement sought by developing nations and small island states. The recent COP29 negotiations resulted in a pledge of only $300 billion, far below expectations. The hearings are part of broader efforts by over 98 states seeking judicial clarity on state obligations regarding climate change responsibilities.
On December 5, India presented its case at the International Court of Justice (ICJ), advocating for equitable global action in response to climate change. The focus of India’s argument was the inadequacy of climate finance being provided by developed nations to support developing countries and small island developing states, which have collectively sought at least $1 trillion annually for conservation initiatives. The recent COP29 negotiations in Baku yielded a commitment of only $300 billion, far below the urgently needed amount and three times the previous pledge of $100 billion from COP15.
In addressing the court, Luther Rangreji, Joint Secretary and Legal Adviser of the Ministry of External Affairs, articulated that the promised climate finance is “too little, too distant” and does not align with the aspirations set forth in Article 9 of the Paris Agreement. Rangreji emphasized that the burden of climate change should not rest solely on developing countries, which have historically contributed the least to the problem. He stated, “The developed world… is best equipped with the technological and economic means to address this challenge.”
The ongoing proceedings form part of a wider initiative that commenced on December 2, with petitions from over 98 nations, spearheaded by Vanuatu and other Pacific island states. These nations are seeking judicial clarification on state obligations regarding climate change, particularly how these obligations affect vulnerable countries. Ralph Regenvanu, Vanuatu’s Minister of Climate Change, underscored the existential threat posed by climate change, calling on heavily polluting countries to acknowledge their responsibility for existing damages.
The hearings also highlighted legal questions regarding the responsibilities of states under international law to protect vulnerable countries from the unequal impacts of climate change. Arnold Loughman, Attorney General of Vanuatu, queried, “What are the legal consequences under these obligations for States… which due to their geographical circumstances and level of development, are… particularly vulnerable to the adverse effects of climate change?”
The ICJ hearings, set to conclude on December 13, 2023, represent the largest-ever proceedings on climate change at the Court, with contributions from 97 states and 11 international organizations. These proceedings aim to stimulate significant discussions on the legal frameworks governing climate obligations, emphasizing the need for developed nations to fulfill their financial commitments and support vulnerable states.
Climate finance refers to the financial resources allocated by developed countries to assist developing nations in addressing the challenges posed by climate change. The issue has been contentious at international forums, with developing nations often asserting that the funds pledged by their wealthier counterparts fall short of actual needs, particularly for adaptation and mitigation efforts. The Paris Agreement has set forth principles to address these disparities, yet ongoing negotiations have frequently resulted in unsatisfactory outcomes for vulnerable countries.
The ICJ hearings serve as a critical platform for articulating the urgent need for substantial climate finance aimed at supporting the most vulnerable nations. India and other developing countries continue to call for a judicial endorsement of their demands for financial accountability from developed nations. The proceedings highlight the legal and moral imperatives for developed states to address their historical contributions to climate change and fulfill their commitments to assist countries that are disproportionately affected by its adverse effects.
Original Source: www.outlookbusiness.com
