19/12/2024

Advisory Opinion Proceedings on the Obligations of States in respect of Climate Change at The Hague

A number of members appeared before the International Court of Justice (ICJ) at The Hague over the past fortnight on the request for advisory opinion on the Obligations of States in respect of Climate Change. The advisory opinion was requested by the General Assembly of the United Nations.

The Court was asked two questions:

(a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions for States and for present and future generations?

(b) What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:

(i) States, including small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are especially vulnerable to the adverse effects of climate change?

(ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?

This advisory proceeding is the largest ever handled by the ICJ, with 91 written submissions filed in the Court’s registry, along with 62 further written comments.

A record 97 states and 11 international organizations took part in the oral proceedings, held at the Court over a two week period.

Twenty Essex barristers represented some of the 97 States participating in the proceeding:

Sir Daniel Bethlehem KC – Albania

Sir Michael Wood KC –  The Kingdom of Saudi Arabia

Simon Olleson – United Arab Emirates

Penelope Nevill – The United Kingdom

Belinda McRae – The United Kingdom

Dr. Kate Parlett – Australia

Prof. Philippa Webb – Tuvalu

Kevin Lee – United Arab Emirates

Dr. Manuel Casas – Malawi

Courtney Grafton – United Arab Emirates

Dr. Paolo Busco – United Arab Emirates

Dr. Brendan Plant – Samoa

Twenty Essex has been at the forefront of public international law for over 70 years.

Current members have built on the legacy of such luminaries as Lord McNair, Sir Francis Vallat, Sir Hersch Lauterpacht, Sir Arthur Watts, Sir Elihu Lauterpacht and Professor David Caron. Amongst current members are two former principal Legal Advisers of the UK Foreign & Commonwealth Office, Sir Michael Wood KC (1999–2006) and Sir Daniel Bethlehem KC (2006–2011); a Judge ad hoc of the International Court of Justice (The Hon. Charles N Brower); and numerous senior arbitrators and conciliators appointed in inter-State, investor-State and other public international law proceedings.