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ICJ Landmark Climate Opinion Declares Legal Obligation To Protect Current and Future Generations
TIME
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2 days ago
The United Nations’s top court announced Wednesday that if countries fail to take measures to protect the planet from climate change, they could be in violation of international law.
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00:00
The court concludes that the duty of states to prevent significant environmental harm
00:06
applies in the context of climate change
00:10
and that this duty forms part of the most directly relevant applicable law.
00:20
Concerning the duty to cooperate, the court recalls
00:24
that it lies at the core of the Charter of the United Nations.
00:30
And it has been spelled out in the Foundational Declaration on Friendly Relations.
00:37
The court has held that the adoption by states of this text
00:42
affords an indication of their opinion juris as to custom international law.
00:49
That observation also applies to the duty to cooperate
00:54
insofar as it finds expression in many binding and non-binding instruments
01:01
relating specifically to the environment.
01:04
The duty to cooperate is a central obligation under the Climate Change Treaties
01:12
and other environmental treaties.
01:15
In view of the related practice of states, the court considers
01:19
that the duty of states to cooperate for the protection of the environment
01:24
is a rule whose customary character has been established.
01:28
The court considers that a clean, healthy and sustainable environment
01:34
is a precondition for the enjoyment of many human rights
01:39
such as the right to life, right to health
01:42
and the right to an adequate standard of living
01:45
including access to water, food and housing.
01:48
The right to a clean, healthy and sustainable environment
01:53
results from the interdependence between human rights
01:58
and the protection of the environment.
02:02
Consequently, insofar as state parties to human rights treaties
02:07
are required to guarantee the effective enjoyment of such rights,
02:12
it is difficult to see how these obligations can be fulfilled
02:17
without at the same time ensuring the protection of the right
02:23
to a clean, healthy and sustainable environment as a human right.
02:28
The human right to a clean, healthy and sustainable environment
02:32
is therefore inherent in the enjoyment of other human rights.
02:37
The court thus concludes that under international law
02:42
the human right to a clean, healthy and sustainable environment
02:46
is essential for the enjoyment of other human rights.
02:51
Newsperscared
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Undoubtedly
02:58
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