ICJ, EU Position On Greenhouse Gas Emissions Rejected By Global Oil Producers

Strong opposition from top global oil and gas producers has trailed an International Court of Justice (ICJ) advisory opinion on the obligations of countries to protect the environment from greenhouse gas (GHG) emissions.

Though the UN general assembly has adopted the ICJ, resolution eight countries are in opposition including the three largest oil producers the US, Saudi Arabia and Russia, Argus media reports.

Pacific island nation Vanuatu put forward the resolution to the UN general assembly, saying “the ICJ advisory opinion confirms that the protection of the climate system is a matter of legal obligation not political discretion”. It was adopted on Wednesday, 20 May, with 141 votes in favour, including the world’s largest GHG emitter China, eight against and 28 abstentions. Belarus, Iran, Israel, Liberia, Russia, Saudi Arabia, the US and Yemen voted against.

The ICJ last year determined in an advisory opinion that all countries have an obligation to contribute to cutting emissions. This is not legally binding but could open door for more climate litigation.

The ICJ advisory opinions “carry significant legal and moral authority helping to clarify and develop international law by defining states’ legal obligations”, the UN said.

The UN resolution adopted calls on UN member states “to take all possible steps to avoid causing significant damage to the climate and environment, including emissions produced within their borders, and to follow through on their existing climate pledges under the Paris Agreement”.

Adoption “sends a strong message that tackling the climate crisis is a legal duty under international law, and not just a political choice,” the UN said.

The US opposed the resolution, with its representative saying the country has many concerns about the court’s opinion. The US noted the resolution includes “inappropriate political demands relating to fossil fuels”.

Countries such as India, Saudi Arabia, Iraq and Algeria said the resolution failed to address the obligations on the provision of finance to developing countries, saying the focus was “disproportionally” on mitigation. India, Iraq and Algeria abstained. Russia said the resolution is an attempt to make ICJ opinion “mandatory in nature”. It added the resolution “selectively cites the conclusion of the advisory opinion” and the outcomes of the UN climate conferences Cops, ignoring finance and adaptation — adjusting to the effects of climate change where possible.

Algeria said the resolution is excessively “highlighting and rewriting” decisions from previous Cop outcomes.

The text urges members to implement measures to keep the global temperature increase to 1.5°C, including tripling renewable energy capacity and doubling the global average annual rate of energy efficiency by 2030, transitioning away from fossil fuels and phasing out inefficient fossil fuel subsidies which were agreed at Cop 28 in Dubai.

The UAE voted in favour of the resolution.

Brazil, the Cop 30 president, also adopted the resolution, while Turkey, which will host Cop 31 in Antalya later this year, abstained.

Australia, which will preside on negotiations of Cop 31, supported the resolution but said it should not be “interpreted as our agreement with every element of the advisory opinion”.