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Advisory opinion of the International Court of Justice will strengthen joint efforts to tackle climate change

Báo Quốc TếBáo Quốc Tế10/11/2023

The representative of Vietnam emphasized that the advisory opinion of the International Court of Justice will contribute to strengthening common efforts to respond to climate change.
Ý kiến tư vấn của Toà án công lý quốc tế sẽ củng cố những nỗ lực chung trong ứng phó với biến đổi khí hậu
Counselor Le Thi Minh Thoa, Deputy Head of the Permanent Mission of Vietnam to the United Nations, spoke at the meeting.

On November 3, at the United Nations headquarters in New York (USA), the 78th United Nations General Assembly held a plenary session to discuss the annual work report of the International Court of Justice (ICJ).

The President of the International Court of Justice, Judge Joan Donoghue, said that in 2023, the Court issued four judgments, 20 procedural orders, and considered two requests for advisory opinions. The Court is currently handling nearly 20 cases related to many areas of international law such as maritime delimitation, territorial boundaries, diplomatic relations, human rights, environment, etc.

In addition, the Court continued to review its procedures and working methods, noting the promulgation of a number of amendments incorporating gender issues into the Court's Rules of Procedure.

Representatives of nearly 100 countries spoke at the session. Most of the speeches highly appreciated the Court's contribution to international peace and security, its contribution to resolving disputes between countries and its provision of legal advice on many issues of international concern, most recently the request for the Court to provide an advisory opinion regarding the Occupied Palestinian Territory and climate change.

Speaking at the meeting, Minister Counsellor Le Thi Minh Thoa, Deputy Head of the Permanent Mission of Vietnam to the UN, affirmed that the diversity of issues being considered by the Court is clear evidence of the Court's universality and general jurisdiction.

The strengthening of international law is an important foundation for peaceful coexistence among nations. To achieve this goal, nations have the duty to comply with their obligations under international law and to strictly implement the decisions and judgments of international judicial bodies.

The representative of Viet Nam also stressed that another core function of the Tribunal is to provide advisory opinions as provided for in the UN Charter to clarify legal aspects related to major issues of concern to the international community, including climate change. Viet Nam believes that these processes can have a profound impact on the interpretation of environmental obligations under international law.

In particular, the Court should clarify the principle of “common but differentiated responsibilities” as well as the obligation to cooperate, including through the transfer of green technology, and liability in the event of a breach of those obligations. The representative of Viet Nam stressed that the Court’s advisory opinion would contribute to strengthening joint efforts to respond to climate change.

On March 29, 2023, the UN General Assembly unanimously adopted a Resolution requesting the International Court of Justice to provide an advisory opinion on state responsibility for climate change. The resolution was submitted at the initiative of Vanuatu and the Core Group of 18 countries, including Vietnam.

The group hopes to use the Court's role to clarify the obligations of countries in causing the negative consequences of climate change for many countries, especially those most severely affected.

The International Court of Justice is the principal judicial organ of the United Nations, established in 1945 by the UN Charter. The ICJ has the function of settling disputes between states and giving advisory opinions on legal questions at the request of the General Assembly, the Security Council or other UN organs. The ICJ has 15 judges representing the major legal systems of the world, elected for a term of 9 years by the UN General Assembly and the Security Council.


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