UNGA Resolution

Adopted!

Background

On March 29th 2023, the UN General Assembly adopted a Resolution by consensus, asking the ICJ to provide an advisory opinion on the obligations of states relating to climate change.

Resolution

A RES 77/276

18

Core-Group

Countries

132

Co-Sponsors

Legal Question

Having particular regard to the Charter of the United Nations, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the United Nations Framework Convention on Climate Change, the Paris Agreement, the United Nations Convention on the Law of the Sea, the duty of due diligence, the rights recognized in the Universal Declaration of Human Rights, the principle of prevention of significant harm to the environment, and the duty to protect and preserve the marine environment,

(1)  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 emissions of greenhouse gases for States and for present and future generations;

(2)  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:

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

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

Key Features of the UNGA Resolution

  1. Looks at state obligations more holistically under international law. The chapeau paragraph mentions 10 legal instruments and principles the ICJ should look at in outlining state obligations.

  2. Asks the Court to look at country obligations not just under the Paris Agreement but all international law.

  3. The Climate Justice Question asks the ICJ to detail the legal consequences for a breach of state obligations, including discussions of state responsibility, accountability, reparations, and remedies.

  4. Reflects the youth and civil society's demand for human rights and intergenerational equity.

  5. Has a specific focus on the most vulnerable groups, like the small island states.