It was around this time in August last year when the autocratic government that had steadily consolidated its power was finally ousted by a student-led “Monsoon Revolution.” The revolution was diffused and decentralized as it was not organized under the banner of any political party. What started as a movement for quotas in government jobs turned into a demand for then PM Sheikh Hasina’s removal.
On the international stage, young students paved the way for victory on the climate front last month. The International Court of Justice (ICJ) declared that countries have a legal obligation to protect the climate from greenhouse gas emissions on July 23. It was actually a group of young law students in low-lying Pacific islands who initiated the legal battle in 2019. Young campaigners and climate lawyers hope that the landmark decision will now pave the way for compensation from countries which have historically burned the most fossil fuels and are therefore the most responsible for global warming.
Interestingly, poorer countries backed the case out of frustration, claiming that developed nations are failing to keep existing climate promises to tackle the growing crisis. On the other hand, developed countries argued that existing climate agreements, including the landmark UN Paris deal of 2015, are sufficient and no further legal obligations should be imposed. ICJ earlier rejected the argument.
The ICJ considers that all states have a common interest in the protection of the global environment. Consequently, states’ obligations pertaining to the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions -- in particular the obligation to prevent significant transboundary harm under customary international law -- are obligations erga omnes. In the treaty context, the Court recalls that the Framework Convention and Paris Agreement seek to protect the essential interest of all states in safeguarding the climate system, which benefits the international community as a whole. As such, the Court considers that the obligations of states under these treaties are obligations erga omnes partes.
As a result, all state parties have a legal interest in the protection of the main mitigation obligations set forth in the climate change treaties and may invoke the responsibility of other states for failing to fulfil them. However, the ruling is non-binding and the judges at the International Court of Justice in the Hague indicated that untangling who caused which part of climate change could be difficult.
Advisory proceedings as a “soft” litigation strategy are a particularly useful tool for small states or non-state entities as they have the potential to counterbalance the inherent power disparities between powerful and weaker states in the process of international bargaining by adding the authoritative voice of the ICJ to the debate. This tool can only be legitimately used with respect to disputes that pertain to the interests of the global community, such as the catastrophic effects of climate change or nuclear weapons, or when the principle of self-determination or violations of human rights and humanitarian law are at play.
An ICJ advisory opinion is not formally binding on states. However, in advisory opinions, the ICJ exercises its power to determine the precise scope of rights and obligations of states and pronounces what international law requires a state to do or refrain from doing. Seeking an authoritative pronouncement of the law by the World Court “is rarely an end in itself but a step in a broader political process.” Therefore, the ICJ can play a decisive role in international bargaining.
Bangladesh’s Environment, Forest, and Climate Change Adviser Syeda Rizwana Hasan recently said the Advisory Opinion of the International Court of Justice (ICJ) on the obligations of states would bolster moral courage in pushing for changes to global climate policies amid today's adverse geo-political reality. While emphasizing the importance of natural resource protection and the notion of moral obligation in tackling climate change, she suggested greater youth engagement to deliver messages on the impact of climate change.
The students and the lecturer who initiated the process counted on the support of Ralph Regenvanu, then Vanuatu's minister of foreign affairs and trade. It was lecturer Justin Rose who gave the class of students with the extracurricular task of promoting climate justice and the practical ideas they considered was seeking an advisory opinion from the ICJ.
Our youths need strong support from policy-makers to build a climate-resilient nation and this first anniversary of the Monsoon Revolution is the best time to commit to that.
Oli Md Abdullah Chowdhury is a human rights worker.
