Vanuatu takes the stage—Part One
" Why the climate opinion by the World Court is such a Big Deal " Last Wednesday, the International Court of Justice (ICJ or World Court ) did not mince words. As I skimmed its advisory opinion on The Obligations of States in respect of Climate Change , I was so enthralled I pulled up the full video recording from the Peace Palace in The Hague on UN-TV and sat for two hours and eleven minutes as Chief Judge Iwasawa Yuji read the Court’s earthshaking decision. A State does not incur responsibility simply because the desired result is not achieved; rather, responsibility is incurred if the State fails to take all measures which were within its power to prevent the significant harm. In this connection, the notion of due diligence, which calls for an assessment in concreto, is the relevant standard for determining compliance. Thus, a State that does not exercise due diligence in the performance of its primary obligation to prevent significant harm to the environment, includ...
