The ICJ is deliberating on whether the right to a healthy environment constitutes customary international law, with significant implications for global climate obligations. With over 60 States supporting this recognition against opposition from only ten, the case emphasizes the urgency of addressing climate impacts on vulnerable communities. The article underscores the established practice of this right in international and national law, advocating for its legal acknowledgment by the ICJ.
The International Court of Justice (ICJ) is currently deliberating a pivotal case regarding the human right to a healthy environment in relation to climate change obligations of States. This advisory opinion may determine if the right is recognized as customary international law, creating binding obligations for all States to protect this right regardless of existing treaties or national laws. The urgency of this issue is magnified by the impact of environmental degradation on marginalized communities worldwide.
During recent hearings, over 60 States affirmed the international recognition of the right to a clean, healthy, and sustainable environment amidst arguments from only ten States that contested its legal significance. The discussion surrounding this right spans beyond legal frameworks, reflecting the dire need to address global environmental crises, which are exacerbating existing societal inequalities. The discourse illustrates the pressing need for judicial affirmation of environmental rights.
As the UN Special Rapporteur on this right, I advocate for the ICJ to acknowledge the right to a healthy environment as customary international law. This classification is vital, as international law obligations arise from both acceptance and widespread practice of norms among States. Customary law is characterized by two criteria: consistent State practice and acknowledgment of a legal obligation (opinio juris).
Globally, there has been a consistent and widespread acknowledgement of the right to a healthy environment since the 1970s, with substantial recognition by various international bodies and treaties. Additionally, significant regional frameworks, including those established by the African and Inter-American systems, explicitly endorse this right. Presently, 164 States recognize this right in their legal frameworks, while ongoing developments at subnational levels indicate growing support for environmental protections.
Legislative and judicial advancements have confirmed that the right to a healthy environment is obligatory, as shown in numerous court rulings that compel States to ensure environmental protections. Thus, the recognition of this right as customary international law is underpinned by both comprehensive State practice and the legal obligation underpinning it, thereby fulfilling the criteria established by the ICJ.
Recognition of the right to a clean, healthy, and sustainable environment as law would significantly contribute to safeguarding the rights of current and future generations. As the ICJ prepares to deliver its decision, it carries the profound responsibility to clarify the obligations of States and corporations towards tackling climate change and protecting this fundamental right. This decision holds the potential to enhance global recognition of environmental rights, encouraging regions yet to embrace this legal standard to do so promptly.
The article discusses the critical role of the International Court of Justice (ICJ) as it addresses a landmark case assessing whether the right to a healthy environment is part of customary international law. It highlights the urgency of this issue given the global climate crisis’s disproportionate impact on marginalized communities. Additionally, it outlines how the right to a healthy environment has been increasingly recognized at various levels, mirroring a significant shift in both legal and societal norms surrounding environmental protection. Customary international law, as explained in the article, arises from established practices among States and their recognition as legal obligations. The article emphasizes the consistent global acceptance of this right and its legal implications, detailing how numerous States and various international bodies have supported its validity and necessity.
In conclusion, recognizing the human right to a healthy environment as customary international law would provide a critical framework for addressing environmental challenges. It reflects the collective understanding and binding obligations of States to safeguard this right for all individuals. The ICJ’s forthcoming decision is pivotal, as it can enhance global legal frameworks while addressing the urgent environmental crises impacting numerous communities. By affirming this right, the ICJ would not only provide clarity on legal obligations but also inspire greater global commitment to environmental protection, essential for ensuring the well-being of present and future generations.
Original Source: impakter.com
