Advocate Prajwalavikram Rana is going through unprecedented busy times these days. 90 countries and 12 international organizations are lobbying globally on the ‘responsibility of nations on climate change’ at the International Court of Justice in The Hague, Netherlands.

In this hearing that will last for 13 days, Nepal got a chance to speak for half an hour on Monday, in which Foreign Minister Arju Rana Deuba, Secretary of the Prime Minister and Cabinet Office Udayraj Sapkota and Deputy Secretary of the Ministry of Foreign Affairs Subhang Parajuli explained how the Himalayan country is suffering from the emission of big nations and why they are fulfilling its responsibility. presented the arguments that should be done. Advocate Rana carefully recorded it in the diary and noted the main points.

Since Nepal is his own country, his interest in it is naturally high, Rana is also taking note of the debates of countries from China to America and from Ghana to Kenya while sitting at the International Court of Justice with the same effort. In previous years, young advocates like Prajwal started efforts to take to the Hague due to the fact that small countries like Nepal had to suffer due to the green gas emissions by the powerful countries in the world by opening many factories and destroying the nature.

The campaign started by 27 young people who stood against climate change in the island countries around the Pacific region was supported by young people from other countries around the world. It was led by an organization called ‘World Youth for Climate Justice’. “It is possible to take the issue of environmental justice to the Hague together with these organizations,” said Rana, member engagement coordinator of the Asian countries of “World Youth for Climate Justice” in a telephone conversation with Kantipur, “We started a campaign for the youth from all over the world to raise the environmental issue of their country to the International Court of Justice. After a long effort, it is becoming possible now.” First, what will be the responsibility of countries in climate change? And secondly, what is the legal responsibility of the countries responsible for climate change and what is the accountability of such countries to the indigenous people and the current and future generations? Nepal argued in its debate that the countries that play a role in climate change are guilty of it and therefore they are responsible for the damage done to their country. And the amount to be received for compensation and other assistance was not a begging but also presented before the court the fact that it was his right.

‘Nepal not only clearly stated its point, but also appreciated the role of young people around the world in the international court,’ said Rana, a young lawyer who played the role of helping the government team by doing the necessary research and hard work to take Nepal’s case to the Hague, ‘responsible for changing the climate by increasing emissions. Our neighboring countries, China and India, who have been judged, have forced the debate to prove themselves innocent, while Nepal has held a clear view that big countries should be held accountable for this, which is such a large international Being seen on stage is an important success.”

Foreign Minister Arju was initially emotional and Prajwal is satisfied that he accurately stated in the International Court of Justice within 14 minutes how Nepal became a victim of atrocities committed by others since the glaciers burst in Nepal last October when more than 200 people were killed by the nationwide flood and landslides. “Compared to our neighbours, Nepal used this opportunity well,” he says.

‘This is a very big and historically first debate on climate change in The Hague,’ says former Supreme Court judge Anand Mohan Bhattarai, who is known in the world for his writings and judgments on climate justice. Even in Nepal, they have taken the issue here to the Hague with great effort. There is a long historical background in reaching the Hague. For a long time it was not made the center of global debate. However, historical treaties such as the United Nations Framework Convention on Climate Change (UNFCCC) in 1992, the Kyoto Protocol in 1997 and the Paris Agreement in 2015 laid the foundations for the issue of climate change to be raised globally.

Although legally this was an achievement, the implementation of those agreements was disorganized and inadequate. The voices of small island nations and other vulnerable countries were weak, as major countries showed no interest in mitigating the effects of climate change. In this initiative, in 2021, the Pacific island nation of Vanuatu launched a campaign to raise the issue of climate change before the International Court of Justice. “This was the result of a collective campaign of 27 young lawyers from Pacific Island countries,” says Advocate Rana, “supporting their efforts, Vanuatu took the lead in taking the case to the Hague on behalf of the small island countries.” It was discussed whether to take it to trial or not. All member states of the United Nations agreed to take the matter to The Hague. “After that, the United Nations General Assembly passed a historic resolution and decided to take an opinion from the International Court of Justice about the responsibility of nations in climate change and the current and future responsibilities of the guilty nations towards the people of the world,” Rana adds, “After that, The Hague submitted its written submissions to all countries. The court has been called to debate.

After listening to the debates and objections of international organizations such as the World Health Organization and the African Union, Hague prepared it as a report. It will submit to the General Assembly its views on the legal obligations of change and the accountability of States. And the General Assembly will pass it with necessary modifications.

This opinion of the International Court of Justice and the resulting UN convention or proposal are estimated by experts to be a milestone in the global struggle against climate change. However, the opinion will not be legally binding like other international human rights conventions. However, its moral and legal implications will be profound. The hearing will define the scope of states’ responsibilities, including the Paris Agreement, customary international law and human rights law. For example, it will be clear whether or not nations have legal obligations to reduce greenhouse gas emissions.

The opinion from The Hague could motivate national courts and policymakers to take action against climate change. Courts in Germany and the Netherlands have already directed governments to take action based on human rights. At a time when small countries like Nepal, which are directly affected by climate change, are trying to strengthen their right to exist, this debate in The Hague has given them great strength. A court opinion coming a few months later will give them more power to demand compensation and cooperation from major polluting nations.

There are no strict provisions on the implementation of current agreements on climate change. Hague decisions and interpretations may lay the groundwork for future binding legal agreements. The International Court of Justice, located in The Hague, is the principal judicial body of the United Nations. It provides advice and adjudication to the UN on legal issues. The hearing is being held as the General Assembly’s resolution asks The Hague to give an opinion on specific questions such as the responsibilities of nations to protect against climate change and the legal consequences of their violations. Although the Hague’s opinion after the hearing is not binding, it will be considered the official interpretation of international law.

After the recent world conference on climate change, the world is watching this debate in The Hague with interest. Experts expect that the results will influence international climate law. It will highlight the role of law in dealing with global crises. For Himalayan countries and small island nations like Nepal, this is a battle for survival, while for major polluting nations, it is a reminder of their historical responsibility.

Climate change, international law and the interrelationship of human rights are also expected to be clarified by this hearing in The Hague. It is not just a legal process, but a call for justice, equality and a sustainable future. It has also given an opportunity to put before the world the important decisions or steps taken by small countries in climate protection. For example, Foreign Minister Rana spoke about the issue of Godavari Marvel in The Hague saying that before the issue of clean environment was widely raised in the world, it had already been discussed in Nepal.

‘It was actually a very precise argument,’ says lawyer Rana, ‘At the beginning of the first day, the island nation of Vanuatu also put forward difficult arguments and facts.’

For that, the Alliance of Small Island States, the Commission of Small Island States on Climate Change and International Law, the Pacific Community, the Pacific Islands Forum, the Organization of African, Caribbean and Pacific States, the World Health Organization, the European Union and the International Union for The Conservation of Nature will debate. Rana said that the African Union had discussed this on December 6.

Some deadly consequences of climate change

Global temperatures have risen by about 1.1 degrees Celsius above post-industrial revolution levels. Scientists warn that the temperature will exceed the limit of 1.5 degrees in the next two decades. This may seem like a small change, but it has serious implications. Like, every year the summer is getting hotter and more countries are getting colder. Scientists predict that parts of South Asia, West Asia and Africa will experience such extreme heat that it will become deadly to walk or go to work. It is estimated that by 2050, nearly half of the world’s population will face at least 20 days of deadly heat a year.

Extreme heat increases the risk of heart attacks in humans. It affects the elderly, children and the sick more. Also, rising temperatures are rapidly melting glaciers and polar ice. This causes sea levels to rise dangerously. According to the Intergovernmental Panel on Climate Change, there are indications that the sea level will rise by an average of 1 meter by the end of this century. If this happens, coastal cities like Jakarta, Mumbai and Miami could become uninhabitable. Small island nations such as the Maldives and Vanuatu are at risk of being completely submerged.

About 2 billion people could be displaced by 2100 due to sea level rise. This could create a global refugee crisis, which would further fuel social, economic and political instability.

Climate change will make extreme weather events more destructive and erratic. Warmer oceans will bring more storms. Similarly, erratic rains are causing floods in some areas and prolonged droughts in others. This sequence will continue to increase. For example, last year Pakistan faced floods that submerged a third of the country, while East Africa experienced its worst drought in decades. Unprecedented forest fires broke out in Australia, California and the Amazon. This shows that climate change also greatly increases the risk of fire. Because of all these, the world of nature is in deep crisis. Biodiversity and ecological cycles are being destroyed and corrupted due to climate change.

Source: Kantipur