No contentious climate change case yet before International Court of Justice, says Judge Leornado Brant

While the International Court of Justice (ICJ) has clarified countries’ climate obligations through advisory opinions, no State has yet brought a contentious case before the Court directly on climate change, said Leornado Nemer Caldeira Brant, Judge, International Court of Justice, in Chennai on Tuesday.

Addressing law students at the Vellore Institute of Technology (VIT) during an international conference on environmental law, Justice Brant said that the ICJ has developed several important principles, such as due diligence and prevention, primarily through environmental cases. Many of these principles are considered customary international law. Over time, the Court has interpreted and applied these principles in a way that also extends to climate change protection, he added.

On the question of whether a separate international court is needed for environmental and climate change cases, Justice Brant said he did not believe such a body was necessary at present. “Given the current number of cases, there is not yet sufficient volume to justify the creation of a new jurisdiction,” he said, adding that similar or overlapping issues are already being addressed by multiple forums, including the ICJ.

Justice R. Suresh Kumar, Judge, Madras High Court, referring to the strength of the legal profession in Tamil Nadu, said the Tamil Nadu Bar Council alone has over 80,000 enrolled advocates, underlining the scale of legal talent in India and the need for young lawyers to look beyond domestic practice to international opportunities.

G.V. Selvam, Vice President, VIT, said that safeguarding the environment is integral to addressing the challenges confronting the world today and international law provides a strong framework to respond to these challenges.

Thyagarajan T., Pro-Vice Chancellor, VIT Chennai, Rabbiraj C., Professor & Dean, VITSOL, VIT, Chennai, were also present.