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The Fight for Climate Equity: India Challenges Global Imbalances at the ICJ

In a significant move, India made its voice heard loud and clear at the International Court of Justice (ICJ), where discussions on climate responsibilities took centre stage for the first time. Speaking on behalf of the world’s largest population, India emphasised the pressing need for global accountability that acknowledges the unequal contributions to the climate crisis. These proceedings, driven by a group of Pacific Island nations facing the harshest impacts of climate change, aim to clarify what countries are legally obligated to do. At the heart of this debate lies a critical question of fairness and equity.

Unequal Contributors, Unequal Responsibilities

India’s argument focused on a stark and undeniable reality: developed and developing nations have contributed differently to global emissions. The Indian delegation pointed out that countries like the United States, China, and the European Union have historically been the biggest emitters of greenhouse gases. At the same time, nations in the Global South are left to suffer the worst of the consequences. India urged the ICJ to acknowledge this imbalance in its advisory opinion, a decision that could significantly influence future climate policies and international negotiations. As India’s counsel put it, “The numbers speak for themselves,” highlighting data that shows developed nations’ per capita emissions far exceed those of developing countries.

Central to India’s stance was the principle of “common but differentiated responsibilities” (CBDR)—a cornerstone of global climate governance since the 1992 Rio Earth Summit. This principle asserts that countries should take responsibility based on their contributions to environmental harm. For India, this isn’t just a legal technicality; it’s a moral obligation. The delegation warned that overlooking historical realities would unjustly burden developing countries with a crisis they didn’t create, deepening the existing inequalities in an already skewed system.

The Funding Gap and Developing Nations’ Woes

India also brought a pressing concern: the glaring gap in climate financing. Under the Paris Agreement, developed countries had pledged to provide $100 billion annually to help developing nations transition to greener economies and adapt to the harsh realities of climate change. But that promise still needs to be fulfilled, leaving many vulnerable countries struggling to deal with rising sea levels, erratic weather patterns, and more frequent natural disasters. India’s representatives at the ICJ didn’t mince words, pointing out that these broken promises highlight a profound systemic failure in addressing the global climate crisis fairly.

The Indian delegation shed light on how this funding shortfall affects entire regions. For nations across South Asia, Africa, and the Pacific, the lack of financial support means slower progress in switching to clean energy, fragile infrastructure unable to withstand climate shocks, and growing socio-economic inequalities. “This isn’t just about figures on a spreadsheet,” the delegation stressed. “It’s about real lives being disrupted by a crisis they didn’t create.”

India called on developed countries to meet their financial commitments and take meaningful steps to transfer technology to developing nations. Without affordable and advanced technologies, the dream of a sustainable future will remain out of reach for millions.

India’s Position: A Balance of Growth and Green Goals

India’s strong position at the ICJ mirrors its broader climate strategy—striking a delicate balance between economic growth and environmental responsibility. For a country where millions still live in poverty, the challenge is twofold: ensuring fair development opportunities while transitioning to a low-carbon future. India has made notable progress, from setting ambitious renewable energy goals to scaling up green initiatives. However, it firmly asserts that its developmental needs cannot be sidelined in the push for global climate action.

India emphasised the importance of practical, context-sensitive solutions that acknowledge developing nations’ unique challenges. Rather than applying uniform targets across the board, the global climate framework must reflect the varied realities of countries at different stages of development. This approach, rooted in fairness and justice, is gaining momentum among other developing nations advocating for a more equitable climate regime.

By addressing the ICJ, India sent a clear and powerful message: the fight against climate change is a shared responsibility. However, the burden must be distributed in line with each country’s contributions and capabilities. With the world watching, these proceedings could set the stage for a redefined and fairer approach to global climate accountability.

References:

https://indianexpress.com/article/india/india-slams-developed-countries-for-climate-crisis-at-icj-hearing-9709119

https://www.thehindu.com/news/national/at-icj-hearing-india-slams-developed-nations-for-climate-crisis/article68952420.ece

https://pib.gov.in/PressReleasePage.aspx?PRID=2073601#:~:text=Developed%20countries’%20performance%20regarding%20their,success%E2%80%9D%2C%20the%20statement%20said.

https://timesofindia.indiatimes.com/india/unjust-funds-inadequate-indias-strong-stance-on-climate-change-case-in-icj/articleshow/116017982.cms

https://www.business-standard.com/external-affairs-defence-security/news/who-s-responsible-for-climate-change-india-makes-submission-in-icj-124120501438_1.html

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Vivek Saini
Vivek Saini
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