At ICJ, Pakistan lists apocalyptic impacts of climate change on its population, economy

Pakistan has outlined the “apocalyptic” impacts of climate change on its population and economy, highlighting the 2022 floods that submerged one-third of the country, affected 33 million people, and resulted in reconstruction costs estimated to exceed $ 16 billion.

Attorney General for Pakistan Mansoor Usman Awan presented Pakistan’s case at the International Court of Justice (ICJ), said a press release issued in Islamabad on Thursday.

Quoting the UN Secretary-General’s 2022 address to the UN General Assembly, the Pakistan representative noted: “Pakistan contributed less than 1% of global GHG emissions but its people are 15 times more likely to face death from climate-related impacts than other States.”

Pakistan emphasized three key points by stating that the Paris Agreement under the UNFCCC was the primary framework for addressing climate obligations.

Climate obligations must align with equity and CBDR-RC, encompassing provisions for climate finance, mitigation, and cooperation, Pakistan delegate said adding that disputes regarding treaty obligations must be resolved through mechanisms established within those treaties.

Moreover Pakistan argued that the obligation of prevention, rooted in due diligence, operates alongside treaty obligations and forms part of the applicable law. Pakistan representatives explained that due diligence requires a case-specific assessment of potential harm.

They pointed to several conventions, including the UNFCCC, the Vienna Convention for the Protection of the Ozone Layer, the Convention on Long-Range Transboundary Air Pollution, and the UN Convention to Combat Desertification, as evidence that the obligation of prevention applies to diffuse harm, like GHG emissions. They added that many of the States contesting its applicability to GHG emissions are parties to these Conventions.

Rejecting claims that the UNFCCC and Paris Agreement constitute lex specialis, Pakistan argued that these treaties do not override stricter obligations under general international law.

They emphasized that the obligation of prevention is triggered once a State possesses or ought to possess the “requisite knowledge” of the harmful effects of its activities. In the context of GHG emissions, they underscored that claiming ignorance is no excuse.

“We are the first generation to feel the impact of climate change and undoubtedly the last generation that can do something about it,” Pakistan representatives concluded.