''What makes this case so important is that it addresses the past, present, and future of climate action. It's not just about future targets -- it also tackles historical responsibility, because we cannot solve the climate crisis without confronting its roots,'' Joie Chowdhury, a senior attorney at the Center for International Environmental Law, told AP.
Activists could bring lawsuits against their own countries for failing to comply with the decision and states could return to the International Court of Justice to hold each other to account. And whatever the judges say will be used as the basis for other legal instruments, like investment agreements, Chowdhury said.
The United States and Russia, both of whom are major petroleum-producing states, are staunchly opposed to the court mandating emissions reductions.
Simply having the court issue an opinion is the latest in a series of legal victories for the small island nations. Earlier this month, the Inter-American Court of Human Rights found that countries have a legal duty not only to avoid environmental harm but also to protect and restore ecosystems. Last year, the European Court of Human Rights ruled that countries must better protect their people from the consequences of climate change.
In 2019, the Netherlands' Supreme court handed down the first major legal win for climate activists when judges ruled that protection from the potentially devastating effects of climate change was a human right and that the government has a duty to protect its citizens.
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