The International Court of Justice is evaluating whether the right to a healthy environment is part of customary international law, impacting State obligations in addressing climate change. A majority of States affirm this right, while some oppose its legal validity. Recognizing this right would strengthen global environmental protections, particularly for marginalized communities affected by environmental crises.
The International Court of Justice (ICJ), as the UN’s highest judicial authority, is deliberating on a pivotal advisory opinion concerning State obligations amidst climate change. This case will likely determine if the right to a healthy environment constitutes customary international law, thereby imposing an obligation on all States to safeguard this right. With climate change and pollution exacerbating the plight of marginalized communities, this question of legal recognition is urgently needed.
During the ICJ’s public hearings in December last year, over 60 States affirmed the international acknowledgment of a clean and sustainable environment as a human right, pressing obligations tied to the climate crisis. Conversely, a minority of ten States, including Australia, Canada, and the United States, dismissed this right as politically motivated rather than possessing legal significance.
Despite the opposition, the significant environmental crises we currently face underscore the importance of this discourse. Challenges such as climate change, biodiversity loss, and pollution disproportionately impact vulnerable populations. Instances of extreme weather and environmental degradation amplify the urgency for legal clarity on this human right.
As the UN Special Rapporteur on this right, I emphasize why the ICJ should formally recognize the human right to a healthy environment within customary international law. International obligations may arise either from ratified treaties or established customary law, with the latter pertinent to this discussion.
A customary norm is defined as a widely accepted practice recognized as law by States. The ICJ stipulates that for a norm to be considered customary, it must fulfill two conditions: it must represent a consistent practice of States, and it must be accepted as a legal obligation, termed opinio juris.
The ongoing global practice underscores that the right to a healthy environment is increasingly seen as a human right since the 1970s. UN resolutions and regional treaties have institutionalized this recognition, reflecting its broad acceptance among various State systems, including judicial systems that enforce this right.
Nationally, laws recognizing the right to a healthy environment have emerged across 164 States, accounting for 85% of UN member nations. Even regions where it is unrecognized, there have been substantial political affirmations supporting this right.
The prevailing recognition of the right to a healthy environment shows a consensus among States that there is indeed a legal obligation to uphold this right. This is evidenced by various court rulings holding States accountable for failing to protect this right, thereby reinforcing the second criterion of opinio juris.
With clear evidence of widespread State practice and acceptance of legal obligation, it is timely for the ICJ to recognize this human right as customary international law. While dissenting States may exist, the acknowledgment of this right by the ICJ could clarify the current obligations of those States and establish legal consistency internationally.
The content of the right to a clean, healthy, and sustainable environment has evolved significantly, outlining both procedural and substantive components essential for its safeguarding. These include the right to public participation and access to environmental information, combined with the necessity for clean air and water, healthy ecosystems, and sustainable food sources.
Recognition of this right in customary international law would represent a monumental advancement for global environmental governance. The ICJ has a critical opportunity to articulate the obligations necessary for States and corporations to address the current planetary crises, cementing the right to a healthy environment as universally acknowledged and upholdable across the globe.
The discourse surrounding the right to a healthy environment has gained momentum over recent decades, particularly as the effects of climate change become more prevalent. The ICJ is positioned to clarify whether this right can be enshrined as a customary norm in international law. An affirmative acknowledgment would signify a foundational shift in global governance, particularly in light of environmental crises disproportionately affecting vulnerable populations. This legal recognition could foster a more unified international approach to environmental protection and human rights enforcement.
In summary, the ICJ’s upcoming decision on recognizing the right to a healthy environment as customary international law holds immense significance. Such a recognition can enhance the legal obligations binding on all States and affirm a global consensus on protecting environmental rights against the backdrop of climate change. This development is not only critical for current generations but also for safeguarding the rights of future populations.
Original Source: impakter.com
