December 12, 2024
KATHMANDU – Drawing the attention of the International Court of Justice to the impacts of climate change, Nepal made a strong plea for climate justice to alleviate the suffering climate change has inflicted on Nepali people.
Making an oral presentation to the court’s public hearings on the ‘Obligations of States in respect of Climate Change’ on Monday, Minister for Foreign Affairs Arzu Rana Deuba said global warming and consequent climate change increasingly threaten Nepal’s snow-capped mountains and glaciers.
“We are having to bear the brunt of the impacts of climate change in a disproportionate manner. In fact, we are paying for a bad ‘karma’ we did not create,” said Deuba. “We have been penalised for the mistakes we never made, for the crimes we never committed.”
The worst impacts of the climate crisis have been apparent in Nepal for several years. Mountains are melting, and glacial lakes have been bursting and vanishing at record rates, with one-third of them lost in just three decades, Deuba added. Monsoons, storms and landslides are growing in force and ferocity—sweeping away crops, livestock and entire villages—decimating economies and ruining lives.
Despite playing a crucial role in maintaining climate balance, supporting ecosystems, and preserving biodiversity, Nepal remains vulnerable due to its geographical circumstances and relatively low level of development, Deuba said.
Speaking on human rights law-related obligations of states in connection with climate change, Deuba highlighted Nepal’s position that many vulnerable states were not able to meet their obligations under international human rights law as actions and emissions arising from beyond their territories also affected the specific rights of their citizens.
In September 2021, the Pacific island of Vanuatu announced its intention to seek an advisory opinion from the ICJ on climate change. It explained that this initiative, pushed for by the youth group Pacific Island Students Fighting Climate Change, was necessitated by its vulnerability and of other small island developing States to climate change and the need for increased action to address the global climate crisis.
The case is the largest ever seen by the world court, with 91 written statements filed with the court’s registry alongside 62 written comments on these statements submitted by the court’s extended deadline of August 15, 2024. A record number of 97 states and eleven international organisations are scheduled to participate in the oral proceedings.
The hearing aims to set a legal framework for how countries should tackle climate change. It is part of the court’s advisory opinion process, which will clarify states’ legal obligations under international law and the consequences for breaching them.
“ICJ advisory opinions are non-binding but carry significant legal and political weight,” said Manjit Dhakal, head of the LDC support team at climate analytics of the United Nations.
“This is likely to be referred to as an authoritative document in future climate litigation and during international climate negotiations.”
Nepal’s position on the other aspects of state obligations regarding climate change was presented by Udaya Raj Sapkota, secretary of the Ministry of Law, Justice and Parliamentary Affairs.
Sapkota underscored that the general obligation to prevent transboundary harm, based on the concept of due diligence, was a well-established rule in international law. He added that such an obligation was applicable in the context of climate change as well.
He further clarified Nepal’s position on the ‘differentiated’ nature of obligations based on treaties related to climate change. He also called for considering specific vulnerabilities of landlocked and mountainous countries, as well as their overall economic capabilities and constraints while applying the principle of differentiated obligations.
Nepal also stressed the duty of assistance, whereby developed countries have an obligation under the Paris Agreement to provide financial resources for assisting developing countries in mitigation and adaptation.
“Under this duty of assistance, developed states have an obligation to support the neediest among the developing countries –the least developed, small islands, and mountainous countries,” Sapkota said.
In Nepal’s third and last oral statement, Suvanga Parajuli, under secretary at the Ministry of Foreign Affairs, spoke on the legal consequences when States fail to uphold their obligations regarding climate change. Parajuli refuted the characterisation of the climate crisis as a “collective tragedy where no specific responsibility could be assigned.”
He further added that the developed countries have a collective duty to compensate for the harm caused by their historic emissions, given the composite nature of state responsibility in climate change.
“What countries like Nepal are calling for is not mere handouts or charity, but compensatory climate justice,” he said.
The oral proceedings are being held at the court’s seat in The Hague, the Netherlands, from 2 to 12 December. The ongoing proceedings are advisory in nature and will help clarify the legal questions posed before the Court by the UN General Assembly on 29 March 2023.