The Pacific Island State of Palau recently announced in the UN General Assembly its intention to seek an Advisory Opinion from the International Court of Justice (ICJ) on climate change damage.
Palau intends to ask the ICJ to provide guidance on how the 'no harm rule' and the UN Law of the Sea Convention apply to climate change damage.
'Arguably, a credible case can be made for Palau under both the 'no harm rule' and the Law of the Sea Convention,' stated Keely Boom, Executive Officer of the Australian Climate Justice Program.
'An Advisory Opinion from the ICJ may help Pacific Islands like Palau turn the tide in the international negotiations.'
Read a full article by Keely Boom on the case here.
Read the UN announcement here.
Montana Supreme Court has denied a petition to declare that the atmosphere is a 'public trust' and that the state has a duty to protect and preserve the atmosphere.
The court stated that it is ill-equipped to deal with the factual matters in the case.
Enforcing climate change law.
(Australian cases). Legal momentum continues to build in overseas jurisdictions - particularly the USA (International cases).