The small Pacific island nation of Vanuatu won a major victory to advance international climate law Wednesday after it persuaded the U.N. General Assembly to ask the world’s highest international court to rule on the obligations of countries to address climate change. Washington Post, March 29, 2023

For today

The International Court of Justice (ICJ) is the judicial arm of the United Nations (UN). It was established to “settle legal disputes and give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies”. The Security Council can

“approve peacekeeping missions, impose sanctions, or authorize the use of force when there is a threat to international peace and security”.
“take enforcement measures to maintain or restore international peace and security”, from “economic sanctions to international military action”.

A country in violation may find that “other states refuse to enter into future agreements, may demand greater concessions when entering into such agreements, or may lose faith in the strength of existing agreements”

“Countries that go against the UN can face sanctions, trade embargos or military action. However, the UN cannot enact these itself and requires member states to take action when countries break resolutions. As a result, often nothing happens when country disobeys the UN as member states are unwilling to act.”

For next time

Read the paper “International treaties have mostly failed to produce their intended effects”. Read one other related paper in the science literature or media. Finally, read about the role of the International Court of Justice.

Post answers to the following questions for discussion next time.

Which category does Vanuatu’s request fall under, in terms of policy domain, accountability, institutional effects, and study effects?
How could a judgement of the ICJ be made effective? Could there be short and long-term effects of a treaty that might differ? (As with CAT).