The UN General Assembly on Wednesday adopted a “historic” resolution calling on countries to comply with their climate obligations, as outlined in a landmark advisory opinion issued last year by the International Court of Justice (ICJ).
Last July, in the opinion first requested by the Pacific island state of Vanuatu, the world’s top court ruled that harming the climate by increasing fossil fuel production may constitute an “international wrongful act”. This could result in affected countries claiming compensation from those responsible, the court said.
To follow up on the ICJ ruling, a dozen nations led by Vanuatu submitted a proposal to the UN’s main deliberative body to recognise the advisory opinion and identify ways of implementing it.
Several large oil-producing nations mounted a late push to weaken the text by introducing last-minute amendments, but the General Assembly rejected those and adopted the resolution with 141 countries in favour at a plenary session in New York.
The resolution urges countries to implement measures to cut carbon emissions, including by tripling renewable energy capacity, “transitioning away from fossil fuels in energy systems”, and phasing out “inefficient” fossil fuel subsidies.
The UN General Assembly on Wednesday adopted a “historic” resolution calling on countries to comply with their climate obligations, as outlined in a landmark advisory opinion issued last year by the International Court of Justice (ICJ).
Last July, in the opinion first requested by the Pacific island state of Vanuatu, the world’s top court ruled that harming the climate by increasing fossil fuel production may constitute an “international wrongful act”. This could result in affected countries claiming compensation from those responsible, the court said.
To follow up on the ICJ ruling, a dozen nations led by Vanuatu submitted a proposal to the UN’s main deliberative body to recognise the advisory opinion and identify ways of implementing it.
Several large oil-producing nations mounted a late push to weaken the text by introducing last-minute amendments, but the General Assembly rejected those and adopted the resolution with 141 countries in favour at a plenary session in New York.
The resolution urges countries to implement measures to cut carbon emissions, including by tripling renewable energy capacity, “transitioning away from fossil fuels in energy systems”, and phasing out “inefficient” fossil fuel subsidies.
It also requests the UN Secretary-General to draft a report “containing ways to advance compliance with all obligations in relation to the court’s findings” by next year’s UN General Assembly in September 2027.
Pacific islands celebrate “historic” resolution
The group of Pacific island nations, which led the diplomatic push for the resolution, as well as Latin American nations and the European Union, celebrated its adoption as a “historic” moment, while some countries noted the persistence of diverging views.
Belize’s UN representative Janine Coye-Felson said in a statement on behalf of the Alliance of Small Island States (AOSIS) that the General Assembly resolution, as well as the ICJ advisory opinion, are important because “climate change is not governed only” by the Paris Agreement, but that “climate justice requires the application of the full breath of international law”.
“When future generations look back at this moment, they will ask whether we rose to meet the defining crisis of our time with the full force of international law. Today, this General Assembly answers: yes,” she told the plenary.
The EU said in a statement during the session that, with the adoption of the resolution, countries are moving beyond “simply recognising” the ICJ’s work and instead “actively upholding the legal integrity” of the multilateral system by seeking to implement the court’s recommendations.
Yet the bloc also warned the process that follows must not “seek to establish new mechanisms or engage in any determination of state responsibility”, referring in particular to the upcoming report by the Secretary-General. Earlier drafts of the resolution contained proposals to establish a register of climate-driven loss and damage and a dedicated compensation mechanism, but these were removed during negotiations on the text.
France’s ambassador to the UN, Jérôme Bonnafont, highlighted the resolution’s provision to reduce dependence on fossil fuels, and said “science clearly establishes their role in climate change”. The recent increase in oil and gas prices, which have soared because of the war in Iran, “underscores the cost vulnerability of this dependence”, he added.
Push-back by oil-producing nations
Some oil-producing countries – among them the US, Saudi Arabia and Russia – were critical of the new resolution, arguing that it creates “quasi-binding” obligations from an advisory opinion that should be non-binding, and rejected the request for a report from the Secretary-General.
“This is a direct duplication of work that is being done at the [UN climate convention],” said Russia’s delegate. “Creating a parallel process will waste resources, will undermine the fragile consensus at the conference of the parties and will lead to the fragmentation of the climate regime.”
In an effort to weaken the resolution, a group of seven oil-producing Middle Eastern states – including Saudi Arabia, Kuwait and Iran – tabled four last-minute amendments proposing to delete certain paragraphs and softening the language on the obligations of states.
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In response, Pacific island nations said these amendments sought to “reopen provisions that were [the] subject of extensive negotiation”, while the EU added that they were “difficult to reconcile with the spirit of cooperation”. They were all rejected in a series of votes.
The US, for its part, described the resolution as “highly problematic” and denied the obligation of preventing climate harm beyond its borders, as well as the assertion that climate change is an “unprecedented civilizational challenge”. The country urged others to vote against the resolution.
India, which abstained, said the text failed to address the need for climate finance flows from developed to developing countries, which is “a serious omission”. The Indian delegate pointed to the absence of the term “climate finance” in the text, which “deserves more attention in a resolution that deals with the obligations of states”.
“Turning point in accountability”, activists say
WWF’s climate chief and former COP president Manuel Pulgar-Vidal said the General Assembly’s vote was a step forward that “raises the pressure on all states to act in line with their obligations”.
Rebecca Brown, CEO of the Center for International Environmental Law (CIEL), said the UN resolution shows that “multilateralism works” and with it, countries “carry the ICJ’s historic ruling forward as a roadmap for climate action and accountability”.
“By acting together, we can prevent further climate harm, in line with science and the law, by speeding up a just and equitable transition away from fossil fuels, protecting climate-vulnerable communities, and advancing climate justice,” she added in a statement.
Vishal Prasad, director of Pacific Islands Students Fighting Climate Change – a group of young people who first made the push for an advisory opinion from the ICJ – said “the world has not only reaffirmed that ruling, but committed to making it a reality”.
“This must be a turning point in accountability for damaging the climate. Communities on the frontlines, like in the Pacific, have been waiting far too long and continue to pay too high a price for the actions of others,” he said. “The journey of this idea from classrooms in the Pacific to The Hague and the United Nations gives us continued hope that when people organise, the world can be moved to act.”
