CHENNAI: International Court of Justice (ICJ) Judge Leonardo Nemer Caldeira Brant on Tuesday said the World Court is transposing established environmental jurisprudence to build a framework for climate justice, describing the issue as the challenge of our century.
Speaking at the valedictory function of the ‘International Conference on Protection of Environment under International Law’ organised by VIT School of Law, Brant highlighted the ICJ’s landmark advisory opinion delivered on July 23. He explained that the court is adapting principles like the ‘duty to prevent harm’ and ‘sustainable development’ originally derived from transboundary disputes to hold nations accountable for global climate impacts.
“Under customary international law, every state is required to exercise ‘due diligence’ to prevent major harm to the climate system,” Brant said. He further noted that a specialised environmental court is not immediately necessary, citing that the current volume of cases does not yet justify a new jurisdiction.
Brant also urged the aspiring lawyers to study well, and follow their heart in their professional journeys.Guest of honour Justice R Suresh Kumar, Madras HC, cited the 2018 Costa Rica vs Nicaragua judgment as a historic precedent where the ICJ ordered environmental compensation.