After the first week of state submissions to the ICJ on the climate change advisory opinion, key tensions between developed and developing countries arised. Here’s a breakdown of some of the issues: 🧵
1️⃣ Prevention of Harm Rule.
Developing countries argue for the application of the customary international law principle of preventing transboundary harm in relation to emissions. Developed countries push back on that, arguing stricter application of the rule.
2️⃣ Nature of Obligations.
Developing nations advocate that the nature of prevention of harm is of conduct (taking reasonable measures) and of result (achieving specific outcomes), emphasizing historical responsibility.
Dec 7, 2024 13:583️⃣ Scope of Legal Frameworks.
Developed countries aim to limit obligations to climate-specific treaties like the UNFCCC, Kyoto Protocol, and Paris Agreement. Developing nations argue for broader obligations under general international law.
4️⃣ CBDR Principle.
Developing countries emphasise the centrality of "common but differentiated responsibilities" (CBDR), linking it to historical emissions and capacity. Developed nations seek to limit its interpretative scope.
5️⃣ Investment Law & Right to Regulate
Developing states link the advisory opinion to their right to regulate without paying compensation to foreign companies from developed countries, resisting constraints imposed by investment law.
