Authors: Ms Gunjan Soni, International Lawyer and Co-Lead, Indian National Front, World’s Youth for Climate Justice; Assistant Professor, School of Law, Mahindra University

Vanuatu’s UNGA resolution for operationalizing the ICJ’s Climate Advisory Opinion (AO) comes at a pivotal time when the world is reeling from the adverse impacts of the war and the collateral damage it is causing to the climate system. For India, supporting this resolution aligns with its longstanding climate diplomacy rooted in climate justice, the common but differentiated responsibilities principle, and the idea of upholding the Global South’s interests.

India holds a unique position in this process: (i) it is the world’s 6^th largest economy, (ii) it is a leader in climate action, (iii) it has projected itself as the voice of the Global South, and (iv) it is one of the most vulnerable countries to be impacted by climate change.

First, as the 6^th largest economy in the world and a rising power in the global energy markets, India has a confident voice and power to project its claims meaningfully. That gives it both the responsibility and the required leverage in climate negotiations. It has the ability to advocate for a meaningful operationalization of the AO, given its significant market size, investment capacity, and policy influence.

Second, even on climate action, India is significantly ahead of other developed nations and historical emitters, with ranking 3^rd globally in renewable energy capacity, its progressive NDC, which has recently been introduced, and its track record of achieving those targets well in advance of deadlines.

It has also fostered global collaborations on climate action with initiatives like the Leadership Group for Industry Transition, co-chaired by India and Sweden, which aims to decarbonise heavy industries through collaborative efforts. India has also championed the climate progress of Global South countries through initiatives like the Coalition for Disaster Resilient Infrastructure, which focuses on integrating climate resilience into national adaptation strategies. At COP29, CDRI’s “Infrastructure for Resilient Island States” initiative provided US$8 million to support 12 projects across 17 Small Island Developing States.

Third, projecting itself as a Vishwa Mitra (friend of the whole world), one of the crucial components of India’s climate diplomacy has been advocating for the Global South. This climate diplomacy can now also translate into the AO operationalisation efforts. India can do so for several reasons: (i) it is a part of G20, which is an international forum that represents the world’s biggest economies, (ii) India is also a part of the G77, where it took the chairmanship for its Vienna chapter for a term of one year, therefore, making it the “unified voice for developing countries in the United Nations” (iii) it has represented itself as a leader, solution provider and consensus builder and manifested this representation by organizing the “Voice of the Global South for Human-Centric Development’’ virtual Summit in January, 2023, with its theme as “Unity of Voice, Unity of Purpose.” At many instances, it has strongly represented the collective voice of the Global South on climate finance, technology transfer, capacity building, and collective action, all of which have been rooted in principles of common but differentiated responsibilities and respective capabilities and equity. For example, at COP 29, it called out the lack of climate finance by the developing countries and emphasized the removal of barriers like Intellectual Property Rights (IPR) on green technologies. The AO further bolsters the longstanding position of India on climate justice, climate finance and the accountability of historical emitters.

Fourth, at the same time, India also remains highly vulnerable to climate impacts. Evidence from India’s multidimensional poverty profile shows that a significant share of the population is vulnerable to the impacts of climate change (especially in areas such as energy, housing and nutrition). Climate change directly threatens to deepen these existing inequalities. In this context, the AO is not abstract but in fact central to safeguarding India’s national security.

If accepted, the UNGA resolution will act as a strong diplomacy tool at COP31, for integrating the AO in the UNFCCC negotiations and other climate processes. Regionally, it could potentially also become a negotiation tool when deliberating any regional agreements. At the national level, it, along with the AO, has the power to inform administrative decisions and governmental policies, possibly pushing governments to adopt climate legislations and chart policies and plans for switching to renewable energy as soon as possible. It will give developing nations more leverage and push developed nations to fulfil their commitments under international law.

Beyond these targeted efforts, the resolution as well as the AO could also act as instruments for creating solidarity at all levels, international, regional and national. In South Asia, these documents have the potential to kick-start conversations on building coalitions for mitigation and adaptation efforts for shared geographical areas impacted by climate change, like the Hindukush Himalayas. Ultimately, the AO, affirmed by the UNGA resolution, also has the power to build national solidarity since the AO forces the translation of international climate law vocabulary into the national frameworks, by taking targeted national climate actions that are compliant with international law.