By 
04-12-2024
Fanni Lovas
South East Asia Researcher
Global Human Rights Defence
On December 3rd, 2024, China addressed the International Court of Justice (ICJ) regarding the legal framework for combating climate change. The discussion stems from an ICJ advisory opinion request initiated by the United Nations General Assembly at the behest of small island states like Vanuatu, which seek recognition of the harm caused by climate change and potential reparations.
China, one of the world’s largest greenhouse gas emitters alongside the United States, recognised the significant challenges faced by vulnerable nations due to rising sea levels and extreme weather. In this context, China emphasised that existing United Nations treaties, particularly the Paris Agreement and the UN Framework Convention on Climate Change (UNFCCC), should serve as the basis for defining states’ legal obligations. However, these treaties lack binding mechanisms for enforcement and reparation. This ongoing debate coincides with preparations by countries to submit their climate targets for 2035, which are crucial for achieving the Paris Agreement’s goal of limiting global warming to 1.5 degrees celsius.
The Paris Agreement and UNFCCC collectively establish a framework for addressing climate change through emission reductions and international cooperation. China’s position reflects its focus on treaty-based obligations, underscoring state sovereignty and opposing expansive interpretations that could lead to new binding commitments or liability for historic emissions. Critics argue that treaty goals, protecting vulnerable nations and mitigating climate change, necessitate broader legal interpretations to hold major emitters accountable. Advisory opinions, though non-binding, are influential in shaping legal discourse and potential litigation.
China’s position highlights a tension between respecting existing treaties and addressing the ethical and existential challenges posed by climate change. The ICJ’s eventual advisory opinion will likely influence future climate litigation and international policy. As the world’s largest emitters prepare to finalise their 2035 targets, the challenge remains to balance state sovereignty, treaty frameworks, and the urgent need to protect vulnerable nations.
Sources and further reading:
(2024, December 3). Tope emitter China tells World Court that UN treaties cover states’ climate obligations. Reuters. https://www.reuters.com/business/environment/top-emitter-china-tells-world-court-that-un-treaties-cover-states-climate-2024-12-03/. Accessed 4 December 2024.
Matt McGrath. (2023, November 15). Climate change: US and China take ‘small but important steps’. BBC. https://www.bbc.com/news/science-environment-67425588. Accessed 4 December 2024.
Laurl Myllyvlrta and Byford Tsang. (2024, October 9). China’s Climate Targets Could Make or Break the Paris Agreement. FP. https://foreignpolicy.com/2024/10/09/china-climate-target-paris-agreement-global-warming-un/. Accessed 4 December 2024.
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