China presented its stance to the top U.N. court on Tuesday, stating that existing U.N. treaties should serve as the basis for its advisory opinion on states’ legal obligations to combat global warming and address the consequences of their past contributions to it. The International Court of Justice (ICJ) was requested by the U.N. General Assembly, following a campaign led by small island nations, to issue an opinion on the legal responsibility of countries for the adverse effects of climate change. One of these nations, Vanuatu, urged the court on Monday to acknowledge the damage caused by climate change and demand reparations for its repercussions.
As one of the world’s leading emitters of greenhouse gases, along with the U.S., China acknowledged the challenges faced by developing countries, particularly small island states that are highly vulnerable to rising sea levels and extreme weather events. However, Ma Xinmin, a legal advisor at China’s Foreign Ministry, emphasized that the existing treaties resulting from U.N.-backed climate change negotiations, which include numerous non-binding provisions, should be used as the standard for determining states’ obligations. “China hopes that the court will uphold the U.N. climate change negotiations mechanism as the primary channel for global climate governance,” Ma stated.
Although advisory opinions from the ICJ are not legally binding, they hold significant legal and political weight. Experts predict that the court’s eventual opinion on climate change will likely be referenced in climate change-related lawsuits in courts worldwide, from Europe to Latin America and beyond. Over 100 states and organizations will present their perspectives in the upcoming weeks, with the United States scheduled to address the court on Wednesday. The court’s opinion is expected to be delivered in 2025.