The Philippines has joined the call of members of the United Nations for the International Court of Justice (ICJ), also known as the World Court, to render an Advisory Opinion on the Obligation of States in respect to Climate Change. 

Recall that the Paris Agreement, a legally binding international treaty on climate change, entered into force on Nov. 4, 2016. The Philippines was among the 196 Parties that adopted the Agreement. The parties committed to prevent the escalation of global warming that triggers strong typhoons and massive flooding — a perennial scourge experienced by the Philippines and other climate-vulnerable countries. 

According to a 2023 report of Statista, a Germany-based, online global data and business intelligence platform: “(T)he Philippines was the country with the highest natural disaster risk in the world. The Pacific archipelago was given a disaster risk index (WRI) of 46.86, followed by Indonesia, with a disaster risk index of 43.5.” The WRI index is calculated by considering how exposed countries are to natural disasters together with how vulnerable they are to them.”

Various working groups composed of scientists and multi-disciplinary experts have expressed the view that “it is only possible to avoid warming of 1.5 °C (2.7 °F) or 2.0 °C (3.6 °F) if massive and immediate cuts in greenhouse gas emissions are made.” Despite dire warnings from leading newspapers of record and reputable scientific journals, there is scant indication that these are being heeded.

The United Nations’ Sustainable Development Goal 13 on Climate Action declares unequivocally: "Take urgent action to combat climate change and its impacts by regulating emissions and promoting developments in renewable energy." 

The Philippines’ submission, signed by Solicitor General Menardo Guevarra and other solicitors and counsels, urged the ICJ to exercise its jurisdiction, arguing that “… the enormity of the effects of climate change and its calamitous impact on all States and peoples are doubtless confirmed by scientific consensus… This paramount concern, therefore, impels and warrants the exercise of this Court’s advisory jurisdiction…” 

Furthermore, it urged the Court to “view (the issue) within the context of all people’s fundamental Right to Life from whence the Right to a Clean, Healthy and Sustainable Environment flows from… Any act or omission that harms or tends to harm the environment … that may be attributable to a State which results in anthropogenic GHG emissions over time causing climate change is a breach of a State obligation under international law.”

The submission was a joint initiative of the Office of the Solicitor General and the Department of Foreign Affairs, in consultation with the Department of Justice, the Department of Environment and Natural Resources, the Climate Change Commission, the National Economic and Development Authority, and the University of the Philippines Law Center, among others. 

The recent involvement of Pope Francis and other influential leaders in spurring concrete action to reverse the ill effects of global warming provides an auspicious backdrop to the World Court’s looming deliberations on issuing an advisory opinion. Seasoned observers believe that although such an opinion may not be legally binding, “any climate obligations it identifies would be.” The Philippines joins other climate vulnerable countries in aspiring to attain climate justice.