World’s highest court to deliberate whether states must tackle climate impacts from international shipping beyond the IMO

While the Marine Environment Protection Committee (MEPC) meeting is still ongoing at the London headquarters of the International Maritime Organization (IMO), the world’s highest court has been asked to deliberate on the United Nations body’s powers to govern green matters. 

Environmental NGO Opportunity Green has submitted a written statement to the International Court of Justice (ICJ), asking the court to confirm that states have legal obligations under international law to tackle climate impacts from international aviation and shipping in accordance with the Paris Agreement’s 1.5°C temperature goal.
Aviation and shipping sectors contribute to nearly 5% of global greenhouse gas emissions. Emissions from international aviation and shipping make up for more than half of that number. Yet, most states do not currently account for the emissions from international aviation and shipping in their national climate pledges under the Paris Agreement, so-called nationally determined contributions. 

The NGO argued that it is a “misconception” that states should rely solely on specialised United Nations agencies, the IMO and the International Civil Aviation Organization (ICAO), to act on international aviation and shipping  emissions – and yet, this is what most states do in practice.

“Not only do existing ICAO and IMO targets fall way short of driving decarbonisation of those sectors to meet the Paris temperature goal, but States also have standalone legal obligations to reduce greenhouse gas emissions from international aviation and shipping,” states a release from Opportunity Green. 

Opportunity Green’s submission to the ICJ argues that the efforts of the ICAO and IMO are additional to action under states’ individual nationally determined contributions. 

Isabela Keuschnigg, legal officer at Opportunity Green, said the court submission could be a “watershed moment” to put these sectors on a clearer course towards net zero. 

“For too long, the international aviation and shipping sectors have evaded any serious scrutiny of their decarbonisations efforts, and these emissions keep growing and growing. But the advisory opinions currently in front of the ICJ and the International Tribunal for the Law of the Sea are contributing to increased judicial oversight of these sectors at an international level, and offer a crucial opportunity for international courts to confirm that there are no excuses for insufficient climate action,” Keuschnigg said.

Important climate negotiations are wrapping up at the IMO headquarters in London this week, with further talks planned later this year in September, to discuss the basket of measures that will support the delivery of the revised greenhouse gas strategy for shipping.