At a conference in Chennai, a prominent judge from the world's top court revealed that while environmental issues have come before it, specific legal battles centred solely on climate change are still awaiting their day in court.
ICJ Framework Ready for Climate Disputes
Judge Leonardo Nemer Caldeira Brant of the International Court of Justice (ICJ) stated that the court has yet to receive contentious cases focused explicitly on climate change. He made these remarks while speaking at a conference on environmental protection under international law held at VIT Chennai.
However, he provided crucial insight for future litigation. The legal principles already applied by the ICJ in contentious environmental disputes can be directly transposed to climate change cases. This means such future complaints can be brought under the existing framework of international environmental law.
No Need for a Separate Green Court, Says Judge
Addressing a potential solution often suggested by activists, Judge Brant dismissed the current need to establish a separate international court dedicated to environmental matters. He reasoned that the volume of such cases entering the international legal system is not large enough to warrant a specialised tribunal at this juncture.
Reflecting on the ICJ's influential role, he mentioned its landmark advisory opinion from July of this year, which clarified the obligations of states in mitigating climate change. He affirmed that the ICJ has played a significant part in shaping the development of environmental law on the global stage.
Inspiration for the Next Generation of Lawyers
Offering advice to young lawyers aspiring to work in the niche field of environmental litigation, Judge Brant emphasised the importance of dedication and a touch of fortune. He urged them to study thoroughly, remain inspired, and "find a bit of luck" to build a successful career in this domain.
"Follow your heart and be surrounded by people you admire for success," he added, highlighting the personal qualities needed alongside professional expertise.
Echoing the sentiment of seizing opportunities, Madras High Court Justice R Suresh Kumar shared compelling local statistics. He noted that the Tamil Nadu Bar Association has over 80,000 enrolled lawyers, with more than 60,000 actively practising.
"The human resources are vast. You must make use of opportunities like these (the conference), and pursue your interest," Justice Kumar told the attending students, pointing to the immense potential within the state's legal community.
Concluding the high-level discussions, VIT Vice President G V Selvam stressed that the planet's future hinges on coordinated international action. He praised the ongoing efforts of institutions like the ICJ in steering these crucial global conversations and legal frameworks.
