UAE voices support for milestone ICJ climate hearings

Judges encouraged to 'clarify obligations' of states in fighting global warming

Climate activists watch on a screen as milestone proceedings at the International Court of Justice play out in The Hague. EPA

The UAE took the floor at the UN's highest court on Wednesday to support milestone climate change proceedings aimed at telling countries their duties to protect the planet.

The verdict of 15 judges in The Hague will "materially contribute to shaping global climate action", said Abdulla Balalaa, Assistant Minister of Foreign Affairs for Energy and Sustainability Affairs. The UAE spoke on the third day of hearings as dozens of countries weigh in on the politically sensitive case.

Mr Balalaa said the proceedings would assist states by clarifying their obligations and "guide us in future negotiations". Judges are being asked to define both the environmental duties of countries and the "legal consequences" if they breach them.

"We are at a pivotal moment in our collective fight against climate change. The UAE is steadfast in its commitment to this effort," the minister said. "In that spirit, the UAE reiterates its unconditional support for the present advisory proceedings."

Any verdict will be non-binding, but some environmentalists hope it will push domestic judges into insisting on greener policies from their governments. Some developed nations argue there is no need to go beyond existing UN climate treaties by venturing into wider customs of international law.

In the UAE's submission, Mr Balalaa told the court that states have a general obligation to ensure "activities within their jurisdiction respect the environment of other states". He said there was "no doubt that human activities are the main driver of climate change" and its effects.

However, what is required of each state "will inevitably vary", the minister said. He told the court that a distinction under UN treaties between richer and poorer countries, who have different duties when it comes to financing green action, should be maintained.

The court, led by Lebanese judge Nawaf Salam, is hearing the case just over a week after the Cop29 summit in Azerbaijan ended with many developing countries disappointed by a $300 billion pledge to fight climate change. The amount agreed was smaller than hard-hit nations had asked for.

Representatives of Pacific islands opened the case by asking for reparations from the world's top historical polluters, who include the United States, China and Russia. Egypt on Wednesday spoke in favour of reparations being on the table, despite an existing disaster recovery fund it called "near-voluntary".

"The issue of loss and damage under the climate change regime is not a substitute for reparation in the form of compensation arising from a breach of an international obligation," said Egypt's representative, Wael Aboulmagd.