In its request, Vietnam proposed that the ICJ affirm the obligations of countries in combating climate change in accordance with relevant international agreements such as the United Nations (UN) Framework Convention on Climate Change, the Paris Agreement on Climate Change, and the United Nations Convention on the Law of the Sea (UNCLOS), as well as the principle of Common But Differentiated Responsibilities (CBDR), contributing to the UN’s collective efforts.
Vietnam affirmed that countries have the obligation to prevent harms to the global climate system and engage in goodwill cooperation in responding to climate change. Therefore, many developed countries failing to observe the obligation will lead to legal consequences in accordance with international law. On this basis, Vietnam also affirmed that the existing international legal framework on climate change already contains mechanisms for compensating developing countries for losses and damages caused by climate change.
This compensation, Vietnam asserted, should be guided by the CBDR principle, placing greater responsibility on developed nations to lead the response to adverse impacts of climate change due to their emissions.
More than 80 countries have submitted requests to join the proceedings of ICJ's advisory opinion on climate change, according to the ICJ Secretariat.
On March 29, 2023, the UN General Assembly passed Resolution 77/276 which requested the ICJ provide an advisory opinion on the obligations of states in respect of climate change.
Vietnam and Vanuatu were among the 18 states of the core group promoting this resolution.
This is the third time Vietnam has sought to join the proceedings of ICJ’s advisory opinion.
