State Obligations to Protect the Climate System [Article]

Abstract

As the global climate continues to increase at an unnatural and unprecedented rate, nation States that have contributed the least to the crisis are experiencing the greatest and most immediate harm. Small developing island states like the Maldives, Vanuatu, and many others face extinction of their homelands as rising sea levels resulting from human dependence on fossil fuels continue to erode their coastlines until their territories are submerged entirely. The dire situation of these States highlights the injustice of mass carbon-producing countries—who are the most capable of adapting to the effects of climate change—not being held responsible for their contribution to the impending extinction of small island States. Fortunately, the United Nations General Assembly is formally seeking an advisory opinion from the International Court of Justice for clarification of State obligations to protect the climate system under international law. This Article undergoes an analysis of international environmental law, customary law, and human rights law to conclude that States, through integration of these areas of international law, have an obligation to protect the climate system to the extent that they cannot harm the human rights and environmental interests of other states.