INTERNATIONAL LAW

International Law: Climate Change

Question 1

Climate change has been a priority in contemporary times amidst rapid industrialization that has been observed to deteriorate the weather implications on human lives and the destruction of the Ozone layer. Forests have been highlighted as the saviors of this situation, for which international collaborative efforts have now been instigated to save them. Glasgow Leaders Conference is one of those endeavors that attempts to answer the query of forest degradation that happened in the last few years (UK Cop 26, 2021).

The normative value of the conference holds as the integrity of environmental protection is embedded within the conferences rules. Forests are considered one of the means through which livelihoods and sustenance could be ensured for human lives. It would not be wrong to say that saving bird and animal lives through the protection of forests is another aim so that the consensus of various countries and their partnership results in fruitful results.

Also, land use and sustainable rural progression are included in the normative value of the conference goals. The transformation is connected with the better consumption of resources so that development could be guaranteed with finance, trade, and investment for an entire infrastructure revolution. This would bring evident support for the indigenous people and better opportunities for their employment. Local communities would be empowered through the better restoration of the forest; therefore, a key role is expected from the conferences actions.

As far as its legal binding is concerned, the conference declared that it is a non-legally binding assertion of beneficial principles that came out as a global consensus for protecting forests and facilitating climate safety (Sellheim, 2021). However, each country could set its regulations for controlling the emission depending on their economic activities to reduce climate impacts.

Question 2

The Paris Agreement was a legally binding treaty as it was expected by several countries to reduce global warming and its effects on climate change (United Nations, 2022). The binding obligation asks the countries to lower global warming to 3 degrees in each region, at a minimum of 1.5 degrees. Seemingly, the pact wanted to strengthen the countries to combat climate change and alter their strategies at industrial levels for supporting them in their climate change efforts.

If a state party to the Paris Agreement asked whether this decision impacted the obligations under the Paris agreement, the answer would be certainly yes. The countrys emission reduction target was to be revised as monitoring and evaluation of the industrial activities changed the final results each year pertinent to a decrease of 2 degrees. The greenhouse inventories and their review were to be made now and then so that assurance could be made whether the countrys efforts for adhering to the Paris Agreement are on the line. Great emphasis is to be put on less use of fossil fuels and more forestation in recent times since one of the major reasons for climate change has been rapid deforestation in the former decades.

Since it is a legally binding agreement, the country has to make amendments. If the country is developed, it could allow financial assistance to developing or under-developed countries to reduce their emission and be legally bound by the agreement (Denchak, 2021). As the agreement is a global collaborative effort, transparency and accountability matter at each step, even if they point to the international agreement of a single country with...

…(Carreon, 2021). The clarification of the international law could be taken from advisory opinions as they suggest actions in the light of moral insinuations and authority. Thus, peace could be created that should not be put to the court for any trials, particularly in the International Court of Justice.

As already mentioned, the advisory opinion is not legally binding but has a weightage; the normative value cannot be overstated in terms of judgments and opinions that need to be heard by the parties under dispute or confused about climate change actions. International law posits that specific standings cannot be taken regarding climate change for a country that seeks advisory opinion. The generalization level is quite high when advisory opinion is accepted as the issues could be addressed with negotiation to make them work collaboratively. Moreover, the advisory opinion would permit the international court of justice to accomplish its most vital role: clarifying and elaborating the applicable norms of broad-spectrum international law.

The role of ICJ is central for addressing issues on political, social, economic, and environmental levels, for which advisory opinion could be valuable in mitigating confusion and generating worthwhile judgments. With advisory opinion, the final settlement to a conflict could be easily surfaced, even if it is on a global scale. Climate change is undoubtedly a global issue that might not be handled with astuteness in court since ICJ has a limited degree of influence in certain matters. Still, with advisory opinion, the matter would gain weightage. The most authoritative elucidation of international law could gain great primacy oncean advisory opinion is mingled with judgments by the court lawyers.

References

Carreon, B. (2021, September 26). Vanuato to seek international court opinion on climate change…