ICJ: Written Statements in Obligations of States in Respect of Climate Change AO

On 12 April 2024, the information department of the ICJ provided an update (PR No. 2024/31) on the previously reported written statements round in respect of Obligations of States in respect of climate change (Request for an Advisory Opinion). It reported a record-breaking 91 written statements being filed with the ICJ Registry, namely 88 statements within the time-limit set and 3 authorised late filings (in order of receipt):

Portugal; the Democratic Republic of the Congo; Colombia; Palau; Tonga; the Organization of the Petroleum Exporting Countries; the International Union for Conservation of Nature; Singapore; Peru; Solomon Islands; Canada; the Cook Islands; Seychelles; Kenya; Denmark, Finland, Iceland, Norway and Sweden (jointly); the Melanesian Spearhead Group; the Philippines; Albania; Vanuatu; the Federated States of Micronesia; Saudi Arabia; Sierra Leone; Switzerland; Liechtenstein; Grenada; Saint Lucia; Saint Vincent and the Grenadines; Belize; the United Kingdom of Great Britain and Northern Ireland; the Kingdom of the Netherlands; the Bahamas; the United Arab Emirates; the Marshall Islands; the Parties to the Nauru Agreement Office; the Pacific Islands Forum; France; New Zealand; Slovenia; Kiribati; the Pacific Islands Forum Fisheries Agency; China; Timor-Leste; the Republic of Korea; India; Japan; Samoa; the Alliance of Small Island States; the Islamic Republic of Iran; Latvia; Mexico; South Africa; Ecuador; Cameroon; Spain; Barbados; the African Union; Sri Lanka; the Organisation of African, Caribbean and Pacific States; Madagascar; Uruguay; Egypt; Chile; Namibia; Tuvalu; Romania; the United States of America; Bangladesh; the European Union; Kuwait; Argentina; Mauritius; Nauru; the World Health Organization; Costa Rica; Indonesia; Pakistan; the Russian Federation; Antigua and Barbuda; the Commission of Small Island States on Climate Change and International Law; El Salvador; the Plurinational State of Bolivia; Australia; Brazil; Viet Nam; the Dominican Republic; Ghana; Thailand; Germany […] Nepal; Burkina Faso; and The Gambia.

PR No. 2024/31, p. 1

This completes the first round of written submissions. Pursuant to Article 66(4) of the ICJ Statute and the Order of 15 December 2023, a second round of written submissions will now occur until 24 June 2024 (unless extended). States and organizations having presented written statements may submit written comments on the other written statements. Pursuant to Article 106 of the Rules of Court, the Court may decide to make the written statements accessible to the public on or after the opening of the oral proceedings in the case.

Pursuant to Article 105(b) of the Rules of Court, the ICJ may decide whether oral proceedings shall take place at which statements and comments may be submitted. To-date, the orders of the ICJ have reserved the subsequent procedure for further decision. Nonetheless, press releases by States (Tonga) and the ICJ (PR No. 2023/20) anticipate oral proceedings. All States and organizations invited to submit written statements are then invited to make an oral statement at public sittings held on dates fixed by the Court, whether or not they have participated in the written phase.

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