The other categories, for those wondering are other animals (2), infrastructure (2), colours (1) and solar system (1). #afl

Obligation to restitute or compensate. Needs a sufficient casual nexus.

Yes, I think so! And then I paused by accident and then couldn't come back to replay it.

The question here is - is it a standalone right? Or is it inherent only?

R2E coming up now... YES

This is REALLY BIG. We haven't even got to human rights yet but the ICJ is basically saying yeah, nah to the OPEC states (and possibly a lot of the polluting states). Your bullshit convention that no-one obeys doesn't actually abdicate you of responsibility.

And again, UNFCC compliance etc not enough. 'Necessary measure' under UNCLOS is measured by objective means.

UNCLOS now - direct reference to ITLOS findings that carbon emissions can be marine pollutions.

Compliance with climate framework treaties does not mean compliance with CIL. Customary obligations are the same for all states.

On CIL.... Court considers that the diffused and multi-faceted nature of activities that contribute to climate change does not preclude the duty to prevent harm.

Out of UNFCC and onto CIL. This is where it might get really interesting. Starting with due diligence. #ICJAO

Obligations of cooperation coming out again. I love this. It seems like States have included these as weasel words a lot and now the ICJ is coming out and saying actually: you agreed to this an it means something

Ok ICJ is introducing due diligence into Paris, This is interesting.

We are still on Paris Agreement here. TBH this is not where my interest lies particularly because there's no liability under it. There are binding legal agreements but it's all super soft. In the meantime, I'm viewing the small hall of justice as a kind of Terry Pratchett small gods thing.

On an aside, I am finding it ridiculously funny that the ICJ has two hearing chambers called the "Great Hall of Justice" and the "Small Hall of Justice".

ICJ also says the UNFCC. Kyoto and Paris apply simultaneously. Some countries argued only Paris applies now. Ct shot this down with a classic Art 31 VCLT analysis. #ICJAO

Sustainable development and intergenerational equity seen as guiding principles.

ICJ says: most directly relevant law is much wider than UNFCC. Any notion of lex specialis for UNFCC & Kyoto & Paris is rejected. Which is the right and proper outcome. UN Charter, UNCLOS, due diligence, duty to cooperate, human rights law all part of the directly relevant law.