WWF has called on the UN’s International Court of Justice (ICJ) to establish a duty for countries to stop harming biodiversity as part of their obligations to address the climate crisis.
In an 100-page legal submission, WWF asked the ICJ to recognise that nature is a climate ally that nations must preserve in parallel with reducing GHG emissions.
“The obligation to prevent harm to biodiversity is an obligation of due diligence. Accordingly, states must take all measures necessary to mitigate the impact of climate change on biodiversity,” WWF said in the submission, seen by Carbon Pulse.
“International law requires states to use all means at their disposal to prevent transboundary harm to biodiversity, cooperate specifically in the protection of nature … and exercise vigilance, including by conducting environmental impact assessments with respect to planned activities,” it said.
Biodiversity loss affects humanity’s ability to mitigate the effects of climate change. Climate and nature action are essential to upholding the human rights to life, living standards, and non-discrimination, it said.
Law firm Squire Patton Boggs, alongside lawyers from five UK-based organisations, helped WWF to write the legal submission.
“A POWERFUL SIGNAL”
The ICJ’s opinion could establish countries’ obligations under international law more than any previous climate ruling, said Manuel Pulgar-Vidal, WWF global climate and energy lead.
“With most countries falling far short of their obligations to reduce emissions and protect and restore nature, this advisory opinion has the potential to send a powerful legal signal that states need to fulfil duties to act,” Pulgar-Vidal said.
The submission follows the UN General Assembly requesting an advisory opinion from the ICJ in 2023 on the obligations of countries to address the climate crisis, following a campaign led by the South Pacific island nation of Vanuatu.
WWF does not have legal standing before the ICJ, as it is not a country, but its statement will be made available for the court to consider. Based in the Netherlands, the ICJ is the main judicial arm of the UN.
In April, ICJ said it had received 91 submissions from countries on the topic, the highest number of written statements ever to have been filed in its advisory proceedings.
Last month, the influential Network for Greening the Financial System said nature-related law cases focused on rights and corporate responsibility would increase.
The ICJ’s final opinion will join other recent rulings on states’ legal obligations on climate and nature, such as one from the International Tribunal for the Law of the Sea on marine ecosystem preservation released earlier this year.
By Thomas Cox – t.cox@carbon-pulse.com
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