The International Court of Justice (“ICJ”) this week commenced historic public hearings on the request for an advisory opinion on Obligations of States in respect of Climate Change, taking place in the Hague from 2 to 13 December 2024.
Muin Boase appeared as counsel to the Republic of Ghana alongside Ambassador Dr Negm, His Excellency, Mr Francis Danti Kotia, Ghana’s Ambassador to the Netherlands and Dr Sylvia Adusu, Director of the International Law Division of the AG’s Office, as Agents and assisted by Dr Senalor Yawlui, Deputy Head of the Mission of Ghana to the Netherlands.
The General Assembly in Resolution 77/276 in 2023 asked the court the following questions:
(a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations?
(b) What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
(i) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?
(ii) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”
Ghana, in its written and oral submissions, highlighted the effects on coastal states from rising sea-levels, flooding and drought brought about by climate change. Like many African states, Ghana has not been historically responsible for global warming but bears the brunt of its effects. It argued that polluting states bore a responsibility for breaching the obligation to exercise due diligence in customary international law.
The case holds the record for the most widely participated case in the court’s history, with 98 States and 12 international organisations planning to attend oral proceedings.