Tackling climate change is an urgent UK and global priority. Without effective international action, we face accelerating threats to our security and prosperity, including rising sea levels, collapsing biodiversity, and more frequent extreme weather.
Climate change must therefore be an issue of deep concern to us all. The UK reaffirms its strong respect for the role of the ICJ as the principal judicial organ of the UN. This is an important opinion, and while we do not agree with all its conclusions, it has the potential to help galvanise climate action. It is on this basis that we voted in favour of the resolution.
We stand with Small Island Developing States, Least Developed Countries, and other climate vulnerable countries, and remain committed to working with all partners to keep 1.5 within reach through effective and inclusive action under the UNFCCC and the Paris Agreement, guided by the best available science.
The UK co-sponsored Vanuatu’s resolution requesting an Advisory Opinion in 2023, hoping that it would refocus efforts to deliver on climate commitments.
In this respect the UK particularly welcomes the Court’s findings that
· the climate change treaties constitute “the principal legal instruments regulating the international response to the global problem of climate change”;
· the standard of due diligence when preparing Nationally Determined Contributions is “stringent”; and
· international co-operation between States is “indispensable in the field of climate”.
The Court also helpfully identified the existing mechanisms under the applicable treaties to facilitate cooperation; and recognised the dynamic nature of development status and capacity and capabilities to respond to climate change.
With respect to the amendments that were proposed to this resolution, our votes opposing them reflect the fact that the text is a package arrived at following a long negotiating process in order to secure the widest possible support. We therefore opposed all amendments without prejudice to the UK’s legal or other positions on the substance of those amendments.
I will make three related points on our vote supporting the resolution.
Firstly, General Assembly resolutions and ICJ Advisory Opinions are not legally binding on States. The UK’s support for this resolution is therefore without prejudice to its legal positions, including on collective rights. In particular, the UK was not alone before the Court in questioning the application of customary international law to the protection of the climate. We continue to have reservations about this and other matters.
Secondly, this resolution is intended to reflect, not develop or interpret, the Court’s Advisory Opinion. Where there are inconsistencies between this resolution and the Opinion, States should look directly to the Opinion to understand the conclusions of the Court. The UK reserves its position on any aspects of the resolution which go beyond the Court’s conclusions.
Thirdly, consistent with our support for seeking the Opinion, the UK recognises that any report by the Secretary General should assist States by advancing delivery of climate commitments, respecting both the advisory nature of the Opinion and the primary role of mechanisms and procedures under the UNFCCC and the Paris Agreement, and referring any proposals back to the UNFCCC.
Climate change is an issue of deep concern to us all. The UK is a committed climate leader delivering on its obligations. We hope that there will now be growing momentum for all states to deliver on the promises they have made.