INTERNATIONAL COURT OF JUSTICE
REQUEST FOR ADVISORY OPINION
OBLIGATIONS OF STATES
IN RESPECT OF CLIMATE CHANGE
WRITTEN RESPONSES
OF THE RUSSIAN FEDERATION
TO JUDGES’ QUESTIONS
20 DECEMBER 2024
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Question put by Judge Cleveland
Question put by Judge Cleveland
“During thes
“During these proceedings, a number of participants have referred to the e proceedings, a number of participants have referred to the production of fossil fuels in the context of climate change, including with respect to production of fossil fuels in the context of climate change, including with respect to subsidies. In your view, what are the specific obligations under international law of subsidies. In your view, what are the specific obligations under international law of States within whose juStates within whose jurisdiction fossil fuels are produced to ensure protection of the risdiction fossil fuels are produced to ensure protection of the climate system and other parts of the environment from anthropogenic emissions of climate system and other parts of the environment from anthropogenic emissions of greenhouse gases, if any?”greenhouse gases, if any?”
The energy sector, including the topic of fossil fuels, is not regulated by the
The energy sector, including the topic of fossil fuels, is not regulated by the UUNFCCC and the Paris Agreement. It is also not addressed in the questions put NFCCC and the Paris Agreement. It is also not addressed in the questions put before the Court in UNGA Resolution 77/276.before the Court in UNGA Resolution 77/276.
There is no direct legal link between the scope of States' obligations to protect
There is no direct legal link between the scope of States' obligations to protect the climate system from anthropogenic greenhouse gas the climate system from anthropogenic greenhouse gas emissions and their emissions and their production of fossil fuels. The scope of States' obligations depends on 1) the ultimate production of fossil fuels. The scope of States' obligations depends on 1) the ultimate objective of the UNFCCC, taking into account the temperature goal of the Paris objective of the UNFCCC, taking into account the temperature goal of the Paris Agreement; 2) the principles of the UNFCCC and the Paris Agreement, iAgreement; 2) the principles of the UNFCCC and the Paris Agreement, including the ncluding the principle of common but differentiated responsibilities and respective capabilities, in principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances; 3) other components of these the light of different national circumstances; 3) other components of these international treaties, including, in particular, the provisions of Article 4 ointernational treaties, including, in particular, the provisions of Article 4 of the f the UNFCCC and Article 4 of the Paris Agreement.UNFCCC and Article 4 of the Paris Agreement.
The interna
The international climate process, in its tional climate process, in its ““mitigationmitigation”” part, is aimed at reducing part, is aimed at reducing greenhouse gas emissions, rather than combating sources of emissions. Based on this, greenhouse gas emissions, rather than combating sources of emissions. Based on this, the task of a State is to reduce the athe task of a State is to reduce the amount of greenhouse gas emissions in the mount of greenhouse gas emissions in the atmosphere produced from its territory. The sources of emissions are vatmosphere produced from its territory. The sources of emissions are various sectors arious sectors of the economyof the economy: : in addition to energy, it in addition to energy, it cancan be transport, agriculture and other be transport, agriculture and other sectors. At the same time, a number of measuressectors. At the same time, a number of measures may be taken in the energy sector may be taken in the energy sector that do not involve the abandonment of hydrocarbons. This includes the introduction that do not involve the abandonment of hydrocarbons. This includes the introduction of technologies for carbon capture, utilization and storage, infrastructure of technologies for carbon capture, utilization and storage, infrastructure modernization, and energy efficiency improvement. In additionmodernization, and energy efficiency improvement. In addition, emissions in one , emissions in one sector of the economy can be offset by sector of the economy can be offset by absorptionabsorption in another. For example, the in another. For example, the
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nationally determined contribution of the Russian Federation to the implementation
nationally determined contribution of the Russian Federation to the implementation of the Paris Agreement provides forof the Paris Agreement provides for taking into account “taking into account “the highest possibthe highest possible le absorption capacity absorption capacity of forests and other ecosystems”of forests and other ecosystems”, and the Paris Agreement itself , and the Paris Agreement itself provprovides for the task of achieving “ides for the task of achieving “a balance between anthropogenic emissions by a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in sources and removals by sinks of greenhouse gases in the second half of this the second half of this century”century”1..
There are no grounds to believe that the State where fossil fuels are produced
There are no grounds to believe that the State where fossil fuels are produced (extracted) has a greater scope of obligations than, for example, the S(extracted) has a greater scope of obligations than, for example, the State that buys tate that buys fossil fuels from abroad and produces other goods from them.fossil fuels from abroad and produces other goods from them.
According to a widely acknowl
According to a widely acknowledged point of view, States have a wide margin edged point of view, States have a wide margin of appreciation in choosing specific measures aimed at achieving national and global of appreciation in choosing specific measures aimed at achieving national and global climate goals. If a State can achieve these goals by taking measures in other areas of climate goals. If a State can achieve these goals by taking measures in other areas of economic activity (for example, in foeconomic activity (for example, in forestry), then it is not obliged to take measures restry), then it is not obliged to take measures affecting the extraction of fossil fuels, including subsidies for it.affecting the extraction of fossil fuels, including subsidies for it.
In this context, it should be noted that in paragraph 28 of
In this context, it should be noted that in paragraph 28 of decision 1/CMA.5 decision 1/CMA.5 ““Outcomes of the first global stocktakeOutcomes of the first global stocktake”” ((December 13, 2023,December 13, 2023, Dubai, UAE) Dubai, UAE) ““accelerating efforts towards the phaccelerating efforts towards the phasease--down of unabated coal power”down of unabated coal power” (b)(b), , ““transitioning away fromtransitioning away from fossil fuels in energy systems”fossil fuels in energy systems” (d) and (d) and ““phasing out phasing out ininefficient fossil fuel subsidies”efficient fossil fuel subsidies” (h) are mentioned as a possible contribution to global (h) are mentioned as a possible contribution to global eefforts that States can make “in a nationally determined manner, taking into account fforts that States can make “in a nationally determined manner, taking into account the Paris Agreement and their different national circumstances, pathways and the Paris Agreement and their different national circumstances, pathways and approaches”. This wording clearly shows the significant degree of discretion of States approaches”. This wording clearly shows the significant degree of discretion of States in choosin choosing measures to mitigate the impact on the climate system.ing measures to mitigate the impact on the climate system.
Thus, it is the exclusive prerogative of the Parties to the UNFCCC
Thus, it is the exclusive prerogative of the Parties to the UNFCCC and the and the Paris AgreementParis Agreement to choose the means of implementing their relevant obligations. to choose the means of implementing their relevant obligations.
It should
It should also also be noted that the abovebe noted that the above--mementioned and other decisions that ntioned and other decisions that outline possible mitigation measures and are adopted by the UNFCCC Conference of outline possible mitigation measures and are adopted by the UNFCCC Conference of the Parties and the meeting of the Parties to the Paris Agreement indicate the political the Parties and the meeting of the Parties to the Paris Agreement indicate the political expediency of certain measures, but not their legal bexpediency of certain measures, but not their legal binding nature. There are also no inding nature. There are also no
1 Article 4 (1) of the Paris Agreement.Article 4 (1) of the Paris Agreement.
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grounds to give such decisions the status of
grounds to give such decisions the status of “subsequent agreements” or “subsequent “subsequent agreements” or “subsequent practice” within the meaning of Apractice” within the meaning of Articles 31 (3) (articles 31 (3) (a))--((b) of the Vienna Convention on b) of the Vienna Convention on the Law of Treatiesthe Law of Treaties2..
We further note that States have n
We further note that States have not only obligations to ot only obligations to mitigatemitigate climate climate change, but also the right to sustainable sociochange, but also the right to sustainable socio--economic developmenteconomic development3, as well as to a , as well as to a ““justjust transition”transition”4 to a lowto a low--emission future, which is recognized under the Paris emission future, which is recognized under the Paris Agreement.Agreement.
Question put by Judge Aurescu
Question put by Judge Aurescu
“Some
“Some participants have argued, during the written and/or oral stages of the participants have argued, during the written and/or oral stages of the proceedings, that there exists the right to a clean, healthy and sustainable proceedings, that there exists the right to a clean, healthy and sustainable environment in international law. Could you please develop what is, in your view, the environment in international law. Could you please develop what is, in your view, the legal content of this legal content of this right and its relation with the other human rights which you right and its relation with the other human rights which you consider relevant for this advisory opinion?”consider relevant for this advisory opinion?”
We reiterate our position expressed during the public hearings in the Court
We reiterate our position expressed during the public hearings in the Court5. . We believe that the We believe that the ““right to a clean, healright to a clean, healthy and sustainable environthy and sustainable environment”ment” has not has not crystallized in customary international law.crystallized in customary international law.
2 Oral Statement of the Russian Federation, paras. 14Oral Statement of the Russian Federation, paras. 14--15 (Verbatim record 2024/40).15 (Verbatim record 2024/40).
3 Para. 9 of the preamble, Article 2 (1) of the Paris Agreement.Para. 9 of the preamble, Article 2 (1) of the Paris Agreement.
4 Para. Para. 11 of the preamble of the Paris Agreement.11 of the preamble of the Paris Agreement.
5 Oral Statement of the Russian Federation, paras. Oral Statement of the Russian Federation, paras. 3636--37 (Verbatim record 2024/40).37 (Verbatim record 2024/40).
Written reply of the Russian Federation to the questions put by Judges Cleveland and Aurescu at the end of the hearing held on 13 December 2024