The jurisdiction of the International Court of Justice in cases of territorial damage caused to States by climate change

Resumo

Since 1992 at the Earth Summit held in Rio de Janeiro where the United Nations Framework Convention on Climate Change was opened for signature, States have been aware that measures must be adopted in order to curb the effects of greenhouse gases. Thus, using the deductive method, as well as bibliographic and documentary research, this paper analyzes the legal conditions for the International Court of Justice to act as an international forum to determine the responsibility of states for non-compliance with obligations to reduce emissions. For this purpose, the analysis begins with the first environmental responsibility precedent issued by the International Court of Justice in the case Certain Activities Carried out by Nicaragua in the border area (Costa Rica v. Nicaragua), demonstrating that it is possible to attribute responsibility to States carrying out emissions and that do not meet the autonomously decided targets of the Paris Agreement, hence leading them to financial implications arising from the compensation for damage to the territory of States undergoing territorial reduction as a result of increasing sea levels and devastated by climate extremes. Finally, it will be demonstrated that climate disputes may occur both nationally, filed by individuals suffering the effects of climate change, and internationally, filed by the States. Therefore, the decision of the International Court of Justice is an important precedent concerning international environmental responsibility that should be taken into consideration in future litigation arising from climate change-related issues.