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Climate Change at the International Court of Justice

wellcome.org · last updated

The International Court of Justice ruling was the result of years of campaigning by a group of law students from the University of the South Pacific and sustained diplomatic efforts led by the Pacific island nation of Vanuatu. Supported by other states vulnerable to the impacts of climate change, Vanuatu formally requested that the UN seek legal clarification on states’ obligations regarding climate and environmental protection from greenhouse gas emissions. 

The court affirmed that a clean, healthy and sustainable environment is a fundamental human right, critical for protecting all other human rights and ensuring intergenerational equity. Through this ruling, the court emphasised that states have clear duties under international law to:

  • Prevent significant harm to the environment and human health caused by climate change.
  • Co-operate internationally to tackle cross-border impacts of greenhouse gas emissions. 
  • Ensure national climate targets are as ambitious as possible, reflecting the highest scientific standards. 
  • Take accountability for historical emissions and provide reparations for loss and damage linked to climate change impacts. 

Wellcome supported this process through a 2023 grant to the Foundation for International Law for the Environment. This funding enabled international collaborations among scientists, diplomats and lawyers to ensure that scientific evidence – particularly from the intersection of climate change and human health – was robustly integrated into countries’ submissions. In the end, 80 percent of all country submissions included reference to the effects of climate change on health. 

Wellcome’s support also amplified the voices of affected communities in climate-vulnerable states, making sure that the lived experiences of those most impacted by climate change were represented in this historic international process. This ruling may prove to be a turning point in international climate law and shows the critical role of cross-disciplinary collaboration that we champion at Wellcome.