The gloves are officially off when it comes to carbon pollution. One of the highest UN courts has issued a ruling that paves the way for countries to sue each other over harmful levels of pollution.
According to a July 23 press release, a judge at the International Court of Justice in The Hague, Netherlands, ruled that certain countries have a legal obligation to achieve climate goals that they have agreed to. If the countries fail to do so, they could be vulnerable to lawsuits from other countries.
"The climate change treaties set forth binding obligations for States parties to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas emissions," the press release read. This includes all signatories of the United Nations Framework Convention on Climate Change and Kyoto Protocol, as well as the 195 countries that have adopted the Paris Agreement.
The ruling acknowledges that states have a duty to prevent significant harm to the environment by enacting policies and driving positive change by all means necessary. A failure to do so "constitutes an internationally wrongful act entailing the responsibility of that State," opening the door for potential litigation.
As noted by BBC News, the case was brought forward by Pacific Island Students Fighting Climate Change, a team of law students from a number of Pacific islands most affected by rising sea levels and climate-based issues.
Siosiua Veikune, a climate activist from Tonga, highlighted the significance of the ruling after fighting the legal battle for years.
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"I'm lost for words. This is so exciting," Veikune told BBC News. "There's a ton of emotions rushing through us. This is a win we take proudly back home to our communities."
For years, researchers have warned that carbon pollution has a significant and detrimental impact on the environment. The burning of dirty fuels has been the driving force behind the trapping of heat in the atmosphere, leading to rising temperatures, altered weather patterns, and sea level rise.
These impacts have already affected regions all over the globe, especially in coastal communities in the Pacific. Now equipped with the ability to legally challenge climate policy failures, many countries now have more hope for the future.
"The ruling is a watershed legal moment," said Joie Chowdhury, senior attorney at the Center for International Environmental Law. "With today's authoritative historic ruling, the International Court of Justice has broken with business-as-usual and delivered a historic affirmation: those suffering the impacts of climate devastation have a right to remedy for climate harm, including through compensation."
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