Vietnam contributes to ICJ advisory opinion process on Climate Change

On July 28, the first Russian-Vietnamese Cultural Center in the Northern capital of Russia - Saint Petersburg was opened at the Herzen State Pedagogical University.

Overview of the ICJ advisory opinion announcement session. (Photo: Thanh Tuan/VNA)

The International Court of Justice (ICJ) has recently issued an advisory opinion on the obligations of states to protect the climate system and the environment from the negative impacts of greenhouse gas emissions.

Vietnam has actively contributed throughout the entire process of seeking ICJ's advisory opinion.

On July 23, the ICJ published an advisory opinion on the obligations of states to protect the climate system and the environment, marking an important milestone when for the first time the ICJ - the main judicial body of the United Nations, issued a comprehensive conclusion on the content and scope of the obligations of states related to Climate Change.

The ICJ issued its advisory opinion after more than two years of carrying out the proceedings - including reviewing the current international legal system, considering the opinions of countries, regional and international organizations sent to the Court in writing and presented at the hearing in December 2024 in The Hague (Netherlands).

Vietnam has actively contributed to the entire process of seeking an advisory opinion from the ICJ. As a member of the Core Group of 18 countries initiated by Vanuatu, Vietnam participated from the very beginning in the process of formulating, lobbying and promoting the UN General Assembly to adopt Resolution 77/276 requesting the ICJ to provide an advisory opinion.

After the Resolution was adopted, Vietnam for the first time fully participated in the steps of the procedure for seeking an advisory opinion at the ICJ, from submitting written opinions to participating in direct presentations at the hearing organized by the ICJ.

Vietnam has also hosted many workshops and discussion sessions to support developing countries in Asia -Pacific in preparing their opinions to submit to the ICJ, thereby promoting a common voice among developing countries in this important legal process.

In its statements and submissions, Vietnam consistently upholds international law, affirms that all countries have a common responsibility in preventing and mitigating climate change according to relevant international treaties, requests recognition of the rights of countries most affected by climate change, takes into account differences in emission history and national capacity, and ensures the principle of fairness and common but differentiated responsibilities in responding to climate change.

The ICJ's exercise of the above-mentioned legal advisory function stems from the proposal of the United Nations General Assembly, which requested the Court to clarify the obligations of countries under international law in the process of protecting the climate system and other components of the environment for present and future generations, and the legal consequences arising when a country violates one of those obligations, especially for vulnerable countries, communities and individuals affected by Climate Change.

The ICJ's advisory opinion was adopted by consensus by all 15 judges of the Court, emphasizing that states have a legally binding obligation to protect the climate system and its components from the impacts of greenhouse gas emissions, not only based on international climate treaties such as the United Nations Framework Convention on Climate Change, the Kyoto Protocol, the Paris Agreement, etc., but also according to customary international law, human rights law, international law of the sea and other relevant legal documents.

These obligations include reducing greenhouse gas emissions, adapting to climate change, protecting the marine environment, sharing technology, providing financial assistance and cooperating in good faith. The ICJ also affirmed that failure to implement or inadequate implementation of climate change obligations may constitute a violation of international law, leading to the responsibility of the State to stop the violation, ensure that it does not recur and compensate the affected countries if there is a clear causal link.

UN leaders attend the session announcing the ICJ's advisory opinion. (Photo: Thanh Tuan/VNA)

Notably, the ICJ determined that obligations relating to climate change are common to the entire international community, and therefore, every state has a legal interest in demanding the enforcement of the relevant obligations, whether directly affected or not. This is an important step forward in recognizing the rights and interests of developing countries most affected by climate change and vulnerable communities in the current international legal system.

The Advisory Opinion on Climate Change recently issued by the ICJ is a new step forward in the interpretation and promotion of the implementation of international law provisions on Climate Change, reflecting the common need as well as the broad support of the international community for further accelerating the implementation of climate commitments and actions to protect the Earth's environment from the irreversible consequences of Climate Change.

The process of participating in the procedure for seeking an advisory opinion at the ICJ is also a testament to Vietnam's increasingly proactive, constructive and responsible role in multilateral legal processes, as well as in strengthening the rule of law globally./.

Source: https://www.vietnamplus.vn/viet-nam-dong-gop-cho-tien-trinh-xin-y-kien-tu-van-cua-icj-ve-bien-doi-khi-hau-post1052409.vnp