The Possibility of a International Environmental Court

Science professors and organizations are making the case for an international green court, which would fill in gaps in the existing environmental legal order.

Climate change is an existing problem. Scientists are coming up with solutions for keeping Earth habitable, including a possible international environmental court. Gerd Altmann. CCO.

Climate change is an existing problem. Scientists are coming up with solutions for keeping Earth habitable, including a possible international environmental court. Gerd Altmann. CCO.

It’s time to face scientific facts: the world is getting warmer. The five hottest years on record have all been within the last decade. Europe went through a massive heat wave this summer. Temperature changes increase the possibility of extreme heat, drought, floods, and subsequent poverty for thousands of millions of people. Climate change is a legitimate issue, seen especially by extremes in weather patterns, and scientists are pondering possible solutions beyond what is already being done.

Using previously created organizations as inspiration, one idea two scientists have suggested is a climate-based version of the International Criminal Court (ICC), according to the Huffington Post. The main problem is that the current environmental protections (which vary by country) are not enforced by any international agency, and they are failing to cope with the sheer scale of the global problem.

The 50th anniversary of the first Earth Day is less than a year away, and though the idea of getting the court up and running by then probably isn’t possible, soon afterwards would be, if initiative was taken. In 1972, the UN Environmental Programme was created, which coordinates environmental activities and assists countries with creating policies. Subsequent concerns and opinions about the environment from all corners of the world were necessary to bring attention to the problem at the time, but didn’t protect the planet on their own. Countries are now directed to measure their activities, but there isn’t any international organization in place to monitor the loopholes globally when looking at every country’s policies and activities. 

According to the Huffington Post, the International Bar Association and the Coalition for an Environmental Court have also suggested a international environmental court. The World People’s Conference recommended a similar idea, a International Climate Justice Tribunal.

One question the court would need to sort out, if organized, is which charges would be in the scope of the court. Other challenges include different priorities for developed and developing countries, discerned unenforceability of international law, and global cooperation, according to the Inter Press Service. Keeping an open mind when organizing the international green court should help solve problems before they arise. An open forum setting with understood standards should be ideal, as opposed to a criminal court setting. In a similar sense, both the state and non-state clients should be allowed to raise cases for the court. Considering the complexity of the issues likely to come up, the judge or judges assigned should be specialized and capable. Clients should, of course, be found accountable for the decisions of the court. Clear language is necessary as well. If holding states completely accountable seems too positive, then adding sufficient stakes should make it work on a international scale. 

An international green court should be able to harmonize with existing environmental regulations, provide justice to a broad range of people, create workable solutions for maintaining international standards, and build trust among the global community. Therefore, the forum should be able to start overcoming climate inaction, and enforce that progress for the international group through agreed-upon standards.

NOEMI ARELLANO-SUMMER is a journalist and writer living in Boston, MA. She is a voracious reader and has a fondness for history and art. She is currently at work on her first novel and wants to eventually take a trip across Europe.