Workshop on Legal and Technical Issues on the Advisory Opinion of the International Court of Justice on Climate Change

The workshop was organized to provide an overview of the establishment and significance of the Advisory Opinion procedure of the International Court of Justice on climate change based on Resolution 77/276 of 29 March 2023 of the United Nations General Assembly. At the workshop, delegates discussed key legal aspects of the Advisory Opinion procedure, the contributions that Asia- Pacific countries can bring as well as technical support for countries to effectively participate in the Advisory Opinion procedure that the International Court of Justice is currently handling.

Previously, the United Nations General Assembly adopted Resolution 77/276 by consensus. Accordingly, the General Assembly requested the International Court of Justice to provide an advisory opinion on the responsibility of states in the fight against climate change. Vietnam and Vanuatu are two of the 18 countries in the core group promoting this Resolution. According to the regulations of the International Court of Justice, UN member states have until March 22, 2024 to provide their opinions, before the Court officially issues its opinion in 2025.

Speaking at the opening of the Workshop on the morning of March 16, 2024, Permanent Deputy Minister of Foreign Affairs Nguyen Minh Vu said that Vietnam's unique geographical features, with a large coastline, make it particularly vulnerable to the impacts of climate change, and Ha Long Bay, a world natural heritage site, is no exception. Therefore, Vietnam highly values cooperation with countries and international organizations in a joint effort to respond to environmental challenges and climate change.

“The General Assembly resolution recognizes that climate change impacts differently on each country, and that the burden and responsibility for responding must be shared fairly and equally. Participation in the advisory opinion procedure of the International Court of Justice is a great opportunity for developing countries to participate in global efforts to respond to climate change, promote the rights of vulnerable countries and shape the development of international environmental law,” said the Deputy Minister.

According to the Deputy Minister, the Workshop is an opportunity for legal experts from countries in the region to discuss, seek ideas, and consolidate arguments to both ensure national interests in responding to climate change and answer legal questions being considered by the International Court of Justice, thereby considering the possibility for countries to have appropriate responses and participation in the advisory opinion procedure. In addition, the event can create a forum to connect and promote cooperation among international legal experts in the region, strengthening the voices of Asia- Pacific countries in dealing with global issues.

Speaking at the conference, Mr. Arnold Kiel Loughman, Minister of Justice of Vanuatu, said that challenges from climate change such as rising sea levels, extreme weather patterns, marine pollution, and biodiversity loss are threatening the lives, cultures, and even the existence of many peoples. “Implementing effective measures to respond to climate change is the moral responsibility of the international community, and this is also the goal of this conference,” Mr. Loughman said.

Representatives of the countries attending the Workshop highly appreciated the efforts of Vietnam and Vanuatu in organizing the event, creating opportunities for legal experts from countries in the region and internationally to discuss frankly and practically, exchange experiences and support each other in the process of completing the expected submissions to the International Court of Justice.

“The united and consistent stance of developing countries on the issue of climate change is of great significance, ensuring that the most important aspects of states’ responsibility in responding to climate change are considered, which I hope will help the International Court of Justice issue an advisory opinion with strong legal impact,” said Ms. Myrna Agno-Canuto, representative of the Philippine Department of Justice.

According to Ambassador Dang Hoang Giang, Head of the Permanent Mission of Vietnam to the United Nations, about 80 countries have submitted their submissions to officially participate in the advisory opinion procedure of the International Court of Justice to date. This number makes the advisory opinion procedure on climate change the largest case ever handled by the International Court of Justice, and also shows the important role that the opinion of the International Court of Justice plays in the issue of climate change.

“Actively promoting and participating in the advisory opinion procedure at the International Court of Justice clearly demonstrates Vietnam’s role as a responsible member of the international community, attracting the support of developing countries. The process at the International Court of Justice also shows the international community’s respect for Vietnam’s role and contributions to the issue of climate change, including its strong commitments in recent times at international forums,” Ambassador Dang Hoang Giang affirmed.

To assist countries in developing submissions to the International Court of Justice’s advisory opinion procedure, a number of technical assistance workshops have been held in other regions of the world. Last year, Fiji hosted the Pacific regional workshop. In February 2024, a technical assistance workshop for Caribbean countries was also held in Grenada./.

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