Author: Ms Chhaya Bhardwaj, Associate Professor, O P Jindal Global University and PhD Scholar at Dublin City University

Vanuatu has introduced a draft resolution for the implementation of the International Court of Justice’s (ICJ) advisory opinion (ICJ AO) on climate change. The World’s Youth for Climate Justice reported about this and confirms that there are three primary objectives of the draft resolution. Firstly, the resolution aims that the States endorsing the resolution must fully and unreservedly welcome the ICJ’s advisory opinion. Secondly, States must work towards strengthening climate action according to the legal obligations enunciated in the ICJ AO. And thirdly, the State must aim to develop mechanisms to further climate justice and ensure operationalisation of the ICJ AO.

With that background, the World’s Youth for Climate Justice and the Climate and Law Initiative India organised a webinar to discuss Vanuatu’s Draft Resolution, and the role India can or should play to endorse or support the resolution. The video of the webinar can be accessed here.

The webinar began with introductory remarks from Nabeela Siddiqui, followed by a succinct overview of the Vanuatu Draft Resolution by Aditi Shetye. She set the background, including the resolution’s aims and objectives and its implications. She also touched upon a projected timeline associated with the resolution and a general expectation from the States that directly or indirectly endorse the resolution. Her submission is available to read here.

This brief introduction was followed by a presentation from Gunjan Soni. She highlighted the role that India can play in the resolution, and the implications for this role in the resolution at the international, regional and domestic levels. She also highlighted several domestic measures that India has taken to pursue domestic climate action. Her presentation is available to read here.

These discussions were followed by a submission from Ms Chhaya Bhardwaj, who talked about what it could mean to welcome the resolution “fully and unreservedly” in India. She submitted that there are visible conflicts in what India submitted during the ICJ advisory proceedings and what has been the outcome of the proceedings. This conflict can be challenging to fully and coherently endorse the ICJ AO and its implementation for India. The endorsement may also face challenges due to the growing competition that India faces as an emerging economy; however, this can be remedied by common-but-differentiated responsibility and respective capabilities (CBDR-RC). Her submission can be accessed here.

After this Raushan Tara Jaswal, speaks about the meaning of strengthening climate action in line with clarified legal obligations and its domestication in India. She focuses on the policy route that India has taken to take climate action, meaning the National and State Action Plans on Climate Change. While these policy plans pose legal binding and implementation challenges within India, the system remains largely federally and policy-driven. In light of this, only the judiciary remains as the institution that can cause some law-based climate law development in India. Such a development may not face the same challenges as policy action, but the challenge is the political will of the government to implement the judicial decision. Her comment can be read here.

The concluding remarks were delivered by Mr Rahul Mohanty, who spoke about the meaning of operationalisation of the advisory opinion for India. What could the mechanisms in India look like? He began by asserting that India is already doing enough, and there are several mechanisms in place in India. Focusing on the fast renewable energy development in India, he highlighted how, as a developing country, India is delivering its fair share of climate action. He emphasised highlighting the existing system for climate action in India, and how its objectives can be linked to the operationalisation of the ICJ AO. While the developed and more resourceful countries are still struggling to fully embrace green energy development, India is on the right path as a developing country. His intervention can be read here.

All the panellists agreed that India should endorse and vote in favour of Vanuatu’s Resolution to implement the ICJ AO. This positive support will be the right step for a collective climate action.