Tag Archives: curb

World Court says countries are legally obligated to curb emissions, protect climate

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The UN’s principal judicial body ruled that States have an obligation to protect the environment from greenhouse gas (GHG) emissions and act with due diligence and cooperation to fulfill this obligation.  

This includes the obligation under the Paris Agreement on climate change to limit global warming to 1.5°C above pre-industrial levels.  

The court further ruled that if States breach these obligations, they incur legal responsibility and may be required to cease the wrongful conduct, offer guarantees of non-repetition and make full reparation depending on the circumstances. 

‘A victory for our planet’

UN Secretary-General António Guterres issued a video message welcoming the historic decision, which came a day after he delivered a special address to Member States on the unstoppable global shift to renewable energy. 

“This is a victory for our planet, for climate justice and for the power of young people to make a difference,” he said.

Reasoning of the Court

The court used Member States’ commitments to both environmental and human rights treaties to justify this decision.  

Firstly, Member States are parties to a variety of environmental treaties, including ozone layer treaties, the Biodiversity Convention, the Kyoto Protocol, the Paris Agreement and many more, which oblige them to protect the environment for people worldwide and in future generations.  

But, also because “a clean, healthy and sustainable environment is a precondition for the enjoyment of many human rights,” since Member States are parties to numerous human rights treaties, including the UN’s Universal Declaration of Human Rights, they are required to guarantee the enjoyment of such rights by addressing climate change.  

Case background

In September 2021, the Pacific Island State of Vanuatu announced that it would seek an advisory opinion from the court on climate change. This initiative was inspired by the youth group Pacific Island Students Fighting Climate Change, which underscored the need to act to address climate change, particularly in small island States.

After the country lobbied other UN Member States to support this initiative in the General Assembly, on 29 March 2023, it adopted a resolution requesting an advisory opinion from the ICJ on two questions: (1) What are the obligations of States under international law to ensure the protection of the environment? and (2) What are the legal consequences for States under these obligations when they cause harm to the environment?

The UN Charter allows the General Assembly or the Security Council to request the ICJ to provide an advisory opinion. Even though advisory opinions are not binding, they carry significant legal and moral authority and help clarify and develop international law by defining States’ legal obligations.

This is the largest case ever seen by the ICJ, evident by the number of written statements (91) and States that participated in oral proceedings (97).

The ‘world court’

The ICJ, informally known as the “world court”, settles legal disputes between UN Member States and gives advisory opinions on legal questions that have been referred to it by UN organs and agencies.

It is one of the six main organs of the UN alongside the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council and the Secretariat and is the only one not based in New York. 

Spain and Brazil push global action to tax the super-rich and curb inequality

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Presented during the UN’s 4th International Conference on Financing for Development, taking place this week in Sevilla, the proposal highlights a growing problem: the richest individuals often contribute less to public finances than ordinary taxpayers, thanks to lower effective tax rates and legal loopholes.

“Our countries need more and more public revenues to meet their needs. Inequality is a problem everywhere, and the richest pay less than the middle class – even less than lower-income taxpayers,” said Spain’s Secretary of State for Finance Jesús Gascón, during a press conference at the conference venue, where temperatures have soared to record highs in recent days.

The two governments are calling on others to join a drive for a fairer, more progressive global tax system. They point to a stark reality: the wealthiest one per cent of the global population owns more than 95 per cent of humanity combined.

The Spanish Secretary of State for Finance Jesús Gascón (on screen) addresses a meeting at the Financing for Development conference in Sevilla, Spain.

Sharing knowledge, closing gaps

In today’s interconnected world, access to reliable data is essential. The initiative prioritises information sharing – between governments and tax authorities – to help expose gaps in tax systems, close loopholes, and combat evasion and avoidance.

Improving data quality and building national capacities for data analysis will help tax administrations identify where and how wealth is concentrated, how much is currently being paid, and what needs to change.

Though some progress has already been made, the countries say much more must be done and many more countries should come on board.

“There’s a real need to know who the beneficial owners are behind companies and legal structures used to conceal wealth,” said Mr. Gascón. The initiative also proposes technical cooperation, training in data analytics, and peer review mechanisms to strengthen national tax systems.

A global wealth registry?

Spain and Brazil are even considering steps toward a global wealth registry – acknowledging that this would take time, political will, and major national efforts.

But the aim is clear: more transparency, more accountability, and fairer contributions from the richest.

“We cannot tolerate the intensity of inequality, which has been increasing in recent years,” said Brazil’s Minister-Counsellor to the UN, José Gilberto Scandiucci denying that this was some kind of far-leftist agenda.

“This is a moderate initiative to confront a very radical reality.”

The proposal forms part of the Seville Platform for Action, which is turbocharging voluntary actions to help reach the Sustainable Development Goals (SDGs) – currently way off track for the 2030 deadline.

G20 highlights ‘high worth’ factor

It also follows the 2024 agreement by the G20 industrialised nations who met in Rio, Brazil, last year – the first international accord to commit to a joint tax agenda for high-net-worth individuals.

A three-month work plan is now being drawn up, with regular meetings planned to track progress. The goal: bring more countries, international organisations and civil society on board to push forward tax reforms targeting the ultra-rich.

“If we want to effectively tax the super-rich, fight inequality and make our tax systems fairer and more progressive, we need political will – and we need to act within our means,” Mr. Gascón added.

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