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    International Court of Justice: Press Release

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    Shujoy Mazumdar
    The United Nations General Assembly requested an advisory opinion from the International Court of Justice on the obligations of States regarding climate change under international law. The Court will accept written statements from States and international organizations on the legal questions raised and hold public sittings to receive oral statements before preparing its advisory opinion. The procedure for advisory opinions follows the same process as for judgments, concluding with a public sitting where the Court will deliver its opinion.

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    International Court of Justice: Press Release

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    Shujoy Mazumdar
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    The United Nations General Assembly requested an advisory opinion from the International Court of Justice on the obligations of States regarding climate change under international law. The Court will accept written statements from States and international organizations on the legal questions raised and hold public sittings to receive oral statements before preparing its advisory opinion. The procedure for advisory opinions follows the same process as for judgments, concluding with a public sitting where the Court will deliver its opinion.

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    The United Nations General Assembly requested an advisory opinion from the International Court of Justice on the obligations of States regarding climate change under international law. The Court will accept written statements from States and international organizations on the legal questions raised and hold public sittings to receive oral statements before preparing its advisory opinion. The procedure for advisory opinions follows the same process as for judgments, concluding with a public sitting where the Court will deliver its opinion.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views3 pages

    International Court of Justice: Press Release

    Uploaded by

    Shujoy Mazumdar
    The United Nations General Assembly requested an advisory opinion from the International Court of Justice on the obligations of States regarding climate change under international law. The Court will accept written statements from States and international organizations on the legal questions raised and hold public sittings to receive oral statements before preparing its advisory opinion. The procedure for advisory opinions follows the same process as for judgments, concluding with a public sitting where the Court will deliver its opinion.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    INTERNATIONAL COURT OF JUSTICE

    Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands


    Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
    Website Twitter YouTube LinkedIn

    Press Release
    Unofficial

    No. 2023/20
    19 April 2023

    The General Assembly of the United Nations requests an advisory opinion


    from the Court on the obligations of States in respect of climate change

    THE HAGUE, 19 April 2023. On 29 March 2023, the General Assembly of the United Nations
    adopted resolution A/RES/77/276 in which, referring to Article 65 of the Statute of the Court, it
    requested the International Court of Justice to give an advisory opinion on “the obligations of States
    in respect of climate change”. The following questions are put to the Court by the General Assembly
    in its resolution:

    “Having particular regard to the Charter of the United Nations, the International
    Covenant on Civil and Political Rights, the International Covenant 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,

    (a) 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;

    (b) 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 request for an advisory opinion was transmitted to the Court by the Secretary-General of the
    United Nations by a letter dated 12 April 2023, which was received in the Registry on 17 April 2023.

    ___________
    -2-

    Procedure

    Article 96 of the United Nations Charter gives the General Assembly and the Security Council
    the power to request an advisory opinion from the Court on any legal question. The General
    Assembly may also authorize other organs of the United Nations, specialized agencies or related
    organizations to ask the Court for advisory opinions on legal questions “arising within the scope of
    their activities”. At present, two other United Nations organs, one subsidiary organ of the General
    Assembly, one related organization and 15 specialized agencies are authorized to submit such
    requests.

    Advisory proceedings begin with the filing of a written request, which is communicated to the
    Court by the body authorized to do so in accordance with the United Nations Charter. The Registrar
    then immediately informs all States entitled to appear before the Court and gives them an opportunity
    to submit written statements relating to the legal question(s) raised in the request. In addition, any
    international organizations likely to be able to furnish information are also notified of the request and
    given the same opportunity. States and organizations that avail themselves of this possibility may
    then provide further comments on the other statements thus presented.

    All States and organizations invited to submit written statements are then invited to make an
    oral statement at public sittings held on dates fixed by the Court, whether or not they have participated
    in the written phase. After the closing of the oral proceedings, the preparation of the Court’s opinion
    follows the same deliberation and drafting process as for judgments. As with the delivery of
    judgments in contentious cases, advisory proceedings also conclude with the delivery of the opinion
    at a public sitting of the Court.

    ___________

    Note: The Court’s press releases are prepared by its Registry for information purposes only
    and do not constitute official documents.

    ___________

    The full text of the request for an advisory opinion will shortly be available on the Court’s
    website: www.icj-cij.org.

    ___________

    The International Court of Justice (ICJ) is the principal judicial organ of the United Nations.
    It was established by the United Nations Charter in June 1945 and began its activities in April 1946.
    The Court is composed of 15 judges elected for a nine-year term by the General Assembly and the
    Security Council of the United Nations. The seat of the Court is at the Peace Palace in The Hague
    (Netherlands). The Court has a twofold role: first, to settle, in accordance with international law,
    through judgments which have binding force and are without appeal for the parties concerned, legal
    disputes submitted to it by States; and, second, to give advisory opinions on legal questions referred
    to it by duly authorized United Nations organs and agencies of the system.

    ___________
    -3-

    Information Department:

    Ms Monique Legerman, First Secretary of the Court, Head of Department: +31 (0)70 302 2336
    Ms Joanne Moore, Information Officer: +31 (0)70 302 2337
    Mr Avo Sevag Garabet, Associate Information Officer: +31 (0)70 302 2394
    Email: info@icj-cij.org

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