International Court Releases Updated Hearing Schedule For Climate Change Opinion

The International Court of Justice has updated the detailed schedule for oral arguments in its advisory opinion on the Obligations of States in respect of Climate Change. Notably, the Organization of the Petroleum Exporting Countries has withdrawn from making an oral statement. At the request of the United Nations General Assembly, the ICJ will determine the existing financial liability of countries for their contribution to climate change and what actions countries must take to prevent climate change.

On March 29, 2023, at the request of Vanuatu, the UNGA asked the ICJ to issue an advisory opinion on the legal obligations of countries in preventing climate change. The opinion, while non-binding, will give an indicator of how the Court may interpret future climate related litigation and guide future legislative development.

The UNGA asked a two questions:

“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”?

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

The UN sent an initial package of relevant laws and treaties. The Court determined that members states and international organizations should also given the opportunity to weigh in on their legal arguments and opinions through written statements. At the conclusion of the timeline for written statements and responses, the court set oral arguments to begin on December 2.

The public hearings will occur at the International Court of Justice in The Hague, Netherlands. On October 15, parties participating in oral arguments were sent a schedule. That schedule was made public on November 8.

The hearings began on Monday, December 2, with over 100 countries and organizations presenting in 30 minute increments over two weeks. Vanuatu and the Melanesian Spearhead Group were given one hour to make an opening statement. The countries of South Africa, Albania, Germany, Antigua and Barbuda, Saudi Arabia, Australia, Bahamas, Bangladesh, and Barbados followed.

At the conclusion of the first day of hearings, the Court issued a revised schedule. Gambia, originally slated to present on December 5 at 10:30, has switched time slots with Sierra Leone, taking their December 11 spot at 12:15.

Mauritius, a small island country of the coast of Africa, has withdrawn from the oral statements. They were set to open on Monday, December 9. As a result, the schedule for that day has shifted forward 30 minutes. Mexico will now present at 10:00 am, followed by (in order of presentation) Micronesia (Federated States of), Myanmar, Namibia, Japan, Nauru, Nepal, New Zealand, Palestine (State of), and Pakistan.

Another notable change is the withdrawal of OPEC from oral statements. Originally scheduled to present at 12:15 on December 13, the final day of the hearings, the Court has removed them from the schedule and released their written statement. The Court chose to not adjust the rest of the day’s schedule, leaving a long lunch break.

Other parties presenting on December 13 are (in order of presentation) the Commission of Small Island States on Climate Change and International Law; Pacific Community; Pacific Islands Forum; Organisation of African, Caribbean and Pacific States; World Health Organization (WHO); European Union; and the International Union for Conservation of Nature.

While the hearings are open to the public, due to the large number of participating parties and the small size of the Great Hall of Justice at the Peace Palace in The Hague, seating will be limited. Only five seats will be made available to the public on a first come, first serve basis. The hearings will be streamed on the Court’s website and on UN Web TV.