ICJ Opinion Raises the Stakes for Adaptation Plans

Countries’ adaptation plans are in poor shape. The International Court of Justice (ICJ) may force them to toughen up.

The ‘World Court’ declared last month that states have a responsibility to do what they can to protect “the climate system”, and that failing to do so may violate international law. This has cleared the way for countries to sue one another over their climate shortcomings, and perhaps even force rich nations to pay compensation to those rocked by extreme weather shocks.

But the ICJ opinion may also play an important role strengthening country-level adaptation efforts and directing international finance to climate-proofing ends — boosting the nascent adaptation economy in the process.

“It’s not just the fact that countries have an obligation to adapt,” says Jeffrey Qi, a policy advisor at the International Institute for Sustainable Development (IISD). “Countries have an obligation to come up with better, efficient policies, [and also] governance and processes,” he adds.

While non-binding on states, the opinion’s influence is already being felt in courtrooms around the world. For example, in Ireland the Supreme Court referenced the opinion during a hearing on whether to permit a 13-turbine wind farm that had been blocked by the national planning authority.