INTERNATIONAL COURT OF JUSTICE
REQUEST FOR AN ADVISORY OPINION FROM
THE GENERAL ASSEMBLY OF THE UNITED NATIONS
STATE OBLIGATIONS WITH REGARD TO CLIMATE CHANGE
RESPONSES OF THE REPUBLIC OF CAMEROON TO JUDGES’ QUESTIONS
20 DECEMBER 2024
Question put by Judge Cleveland
“During these proceedings, a number of participants have referred to the 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 States within
whose jurisdiction fossil fuels are produced to ensure protection of the climate system
and other parts of the environment from anthropogenic emissions of greenhouse
gases, if any?”
Response of Cameroon
In principle, the States within whose jurisdiction fossil fuels are produced have
obligations identical to those of States within whose jurisdiction no fossil fuels are
produced in respect of fulfilling relevant climate change obligations, whether under
the Paris Agreement, the UNFCCC or other relevant treaties or customary
international law. However, there exist obligations of cooperation, as explicitly stated
in the Paris Agreement and UNFCCC to reach relevant climate objectives. As the
ITLOS recalled in its recent advisory opinion, these obligations also apply generally
(ITLOS Advisory Opinion of 21 May 2024, paras. 296, 321, Exhibit 16 of Cameroon).
By reference to Cameroon’s response to Judge Tladi’s question, all States have an
obligation under Article 4 of the Paris Agreement, not to act in a manner that defeats
the object and purpose of Article 4 and of the Paris Agreement, that is, in a way that
helps to try to reach the climate objectives set out in Article 2. This means that States
within whose jurisdiction fossil fuels are produced may need to pay special attention
to the production of fossil fuels, including any subsidies to such production, in order
to ensure protection of the climate system and other parts of the environment from
anthropogenic emissions of greenhouse gases. At the same time, differentiated
obligations apply to all sectors of the economy, while recalling that no State can act in
a manner that defeats the object and purpose of the Paris Agreement. As such,
developed countries, or any State with relevant technology or know-how, would have
an obligation to cooperate with States where the production of fossil fuels needs the
relevant technology and/or know-how to exploit fossil fuels in the manner least
harmful for the environment, and most aligned with the obligation to ensure protection
of the climate system and other parts of the environment from anthropogenic
emissions of greenhouse gases. States having such technology or being able to
ensure its application would have an obligation to do so. Similar obligations of
technical assistance exist in respect of marine pollution caused by anthropogenic
emissions of greenhouse gases (ITLOS Advisory Opinion of 21 May 2024, para. 339,
Exhibit 16 of Cameroon).
Question put by Judge Tladi
“In their written and oral pleadings, participants have generally engaged in an
interpretation of the various paragraphs of Article 4 of the Paris Agreement. Many
participants have, on the basis of this interpretation, come to the conclusion that, to
the extent that Article 4 imposes any obligations in respect of Nationally Determined
Contributions, these are procedural obligations. Participants coming to this
conclusion have, in general, relied on the ordinary meaning of the words, context and
sometimes some elements in Article 31 (3) of the Vienna Convention on the Law of
Treaties. I would like to know from the participants whether, according to them, “the
object and purpose” of the Paris Agreement, and the object and purpose of the
climate change treaty framework in general, has any effect on this interpretation and
if so, what effect does it have?”
Response of Cameroon
If a State having signed a treaty cannot act in a manner that defeats its object and
purpose prior to its entry into force, then obligations in a treaty which has come into
force cannot also be interpreted or applied in a manner that defeats the relevant
object and purpose. As such, whether Article 4 of the Paris Agreement contains
merely procedural obligations, or rather some obligations of due diligence, as pointed
out in Cameroon’s written submissions, those obligations cannot be merely
procedural if Nationally Determined Contributions are adopted and implemented in a
manner that defeats the object and purpose of the Paris Agreement and of its Article
4. The object and purpose of the Paris Agreement, as well as relevant context, which
includes Article 2 in respect of climate objectives, must be taken into account when
interpreting Article 4. This means that no State can act in a manner, when adopting
and implementing its Nationally Determined Contributions, that would defeat the
object and purpose of the agreement.
Question put by Judge Aurescu
“Some participants have argued, during the written and/or oral stages of the
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
legal content of this right and its relation with the other human rights which you
consider relevant for this advisory opinion?”
« Certains participants ont fait valoir, dans leurs écritures et/ou lors de la phase orale
de la procédure, que le droit à un environnement propre, sain et durable existe en
droit international. Pourriez-vous expliciter, de votre point de vue, quel est le contenu
juridique de ce droit et quelle est sa relation avec les autres droits de l'homme que
vous considérez pertinents aux fins du présent avis consultatif ? »
Response of Cameroon
As set out at paragraphs 83-86 of Cameroon’s second written submission, there
exists in international law the right to a clean, healthy and sustainable environment,
or at least it should be recognized by the Court.
In respect of its content, the right to a clean, healthy and sustainable environment
gives the right to all peoples to a general satisfactory environment favourable to their
development. Moreover, the right to a clean and safe environment is closely linked to
economic and social rights since the environment affects the quality of life and safety
of the individual. The right to a clean and safe environment also has a fundamental
link with the right to life of each person, as well as of existing and future generations.
As recalled by the African Commission of Human and Peoples’ Rights in the matter
of The Action Centre for Social and Economic Rights and the Centre for Economic
and Social Rights (Exhibit 11 of Cameroon), the right to a healthy environment
requires States to take reasonable and other measures to prevent pollution and
ecological degradation to promote conservation, and to secure an ecologically
sustainable development and use of natural resources. This right to a clean, healthy
and sustainable environment requires that States ordering or at least permit
independent scientific monitoring of threatened environments, requiring and
publicising environmental and social impact studies prior to any major industrial
development, undertaking appropriate monitoring and providing information to those
communities exposed to hazardous materials and activities and providing meaningful
opportunities for individuals to be heard and to participate in the development
decisions affecting their communities.
Also, to the extent of their respective capacities, States have an obligation to act, as
recalled by the European Court of Human Rights in Verein KlimaSeniorinnen
Schweiz and others (Exhibit 23 of Cameroon):
the State’s primary duty is to adopt, and to effectively apply in practice,
regulations and measures capable of mitigating the existing and potentially
irreversible, future effects of climate change. This obligation flows from the
causal relationship between climate change and the enjoyment of Convention
rights [...] effective respect for the rights [...] requires that each Contracting
State undertake measures for the substantial and progressive reduction of
their respective GHG emission levels with a view to reaching net neutrality
within.
The right to a clean, healthy and sustainable environment is a peremptory norm of
international law. The Paris Agreement and the UNFCCC constitute means to
respect this peremptory international law norm. States must cooperate to put an end,
through lawful means, to any serious breach of such a peremptory norm. No State
shall recognize as lawful a situation created by such a serious breach, nor render aid
or assistance in maintaining that situation.
As indicated in its written and oral pleadings, a serious violation of the right to a
clean, healthy and sustainable environment, which may affect the rights of individuals
and peoples alike, or the territorial integrity of States, may be qualified as ecocide
and requires the cooperation of all States in the sense indicated and required by
international law.
Question put by Judge Charlesworth
“In your understanding, what is the significance of the declarations made by some
States on becoming parties to the UNFCCC and the Paris Agreement to the effect
that no provision in these agreements may be interpreted as derogating from
principles of general international law or any claims or rights concerning
compensation or liability due to the adverse effects of climate change?”
Response of Cameroon
Those declarations recall the positions of those States as well as the status of the
law. They also recall that the UNFCCC and Paris Agreement are not lex specialis in
the sense of precluding the application of general international law, including on
State responsibility, where relevant and applicable.
Done at Yaoundé, Cameroon, this 20th day of December 2024.
__________________________________________
Dr. Mougnal Sidi
Minister Plenipotentiary
Director of Legal Affairs and the State's International Commitments
Ministry of External Relations
Republic of Cameroon
Written reply of Cameroon to the questions put by Judges Cleveland, Tladi, Aurescu and Charlesworth at the end of the hearing held on 13 December 2024