The ICJ is considering whether the human right to a healthy environment is recognized under customary international law, which would bind all States to protect it. Over 60 States advocate for this recognition, while ten oppose it, deeming it politically charged. The Court’s ruling could significantly influence global climate-related obligations, especially for marginalized communities affected by environmental degradation.
The International Court of Justice (ICJ) is addressing a pivotal case concerning climate change obligations of States. It will likely explore if a healthy environment is a recognized human right under international law. Such recognition as a customary international norm would obligate all States to protect environmental health, especially for marginalized communities disproportionately affected by climate issues. This discussion is urgent amid rising pollution, climate change, and biodiversity loss.
During hearings last December in The Hague, over 60 States affirmed the internationally recognized right to a clean, healthy, and sustainable environment. Conversely, ten States, including the UK and US, claimed this recognition is politically motivated and lacks legal weight. However, the looming climate crises necessitate a robust legal framework to protect the environment, emphasizing the right’s importance.
The ICJ should recognize the human right to a healthy environment under customary international law, given that legal obligations stem from widespread State practices. Customary international law evolves when practices become universally accepted as laws. The Court must find that a clean, healthy environment is both a consistent practice among States and acknowledged as a legal obligation.
Recognition of the right to a healthy environment has grown globally since the 1970s, reflected in various national and regional legal frameworks. The United Nations has recognized this right in recent resolutions, and national incorporation is evident in numerous constitutions and laws. Presently, 164 States (or 85% of the UN membership) acknowledge this right legally, highlighting widespread acceptance of environmental protection as a human right.
Legislative and judicial mechanisms have reinforced the right to a healthy environment throughout international, regional, and national levels. Courts have frequently cited States’ obligations to ensure environmental health, recognizing this right’s binding nature. Thus, the ICJ’s acknowledgment would affirm the legal obligation to uphold a healthy environment.
The content of the right to a healthy environment encompasses both procedural (e.g., access to information, public participation) and substantive (e.g., clean air, safe climate) elements. It is understood as both an individual and collective right, protecting ecological components even without direct human relevance. Recognizing this right would require States to address climate change impacts and provide reparations for related human rights violations.
The ICJ’s recognition of a healthy environment as a binding legal obligation would represent substantial progress for global environmental justice. This would prioritize protecting the rights of current and future generations facing crises due to climate change, pollution, and biodiversity loss. The Court has a unique opportunity to clarify international obligations for States and businesses perpetuating the climate crisis, potentially influencing global standards on environmental rights.
The International Court of Justice (ICJ) has an essential role in determining whether the right to a healthy environment is part of customary international law. This discussion is crucial in light of the current climate crisis and its impact on vulnerable populations. The acknowledgment of this right would impose obligations on States to protect the environment, reinforcing the need for a framework that safeguards human rights amid environmental challenges.
The debate surrounding the recognition of a healthy environment as a fundamental right underscores its importance in combating climate change and supporting marginalized communities. The ICJ’s potential affirmation of this right as customary international law could enhance global protections for the environment, holding States accountable for safeguarding ecological health and advocating for human rights. Thus, it presents an opportunity for progressive environmental legislation worldwide.
Original Source: impakter.com
