UN resolution backing landmark climate change ruling passes

A United Nations resolution backing the findings of a landmark climate change ruling has been passed with the support of most countries, including New Zealand.

Countries met overnight at the UN General Assembly in New York overnight to decide whether to endorse an International Court of Justice (ICJ) opinion issued last year, which found that countries can be held legally responsible for their greenhouse gas emissions.

It passed with 141 countries in favour, 8 against, and 28 abstentions.

The resolution was proposed by Vanuatu and was co-sponsored by more than 60 countries, including many Pacific nations that are already threatened by sea-level rise.

New Zealand did not sign on as a co-sponsor and Ministry of Foreign Affairs officials would not share New Zealand's position ahead of the vote.

However, a voting breakdown confirms that New Zealand was among countries to vote in favour.

The eight states voting against the resolution were Belarus, Iran, Israel, Liberia, Russia, Saudi Arabia, the United States, and Yemen.

New Zealand co-sponsored the original resolution in 2023 that asked the ICJ to issue the opinion on states' climate change obligations.

Ahead of the vote, Environmental Law Initiative researcher Eliza Prestidge-Oldfield told RNZ that one of the crucial findings of the ICJ opinion was that countries must exercise strict "due diligence" in lowering their emissions.

"[It's] saying you actually have to try really, really hard. You can't just say, 'Oh yeah, we'll get to that later.'"

A UN resolution endorsing it "would be a really strong statement that we expect all countries to be doing the best they can on climate change".

The ICJ opinion would still be the "authoritative legal statement" on states' obligations even if the resolution had not passed, Prestidge-Oldfield said.

That meant it would carry weight in both international and domestic legal decisions on climate change issues, regardless of which states endorsed it.

However, the passing of the resolution would help to translate the opinion into practical, political action.

"In lay terms ... it's the political seal of recognition of the [ICJ] decision."

Victoria University climate science professor James Renwick said it was "great" the resolution had passed, but the international action required to actually lower emissions was "completely absent" so far.

"It's incredible that it takes a ruling from the International Court of Justice and a vote in the UN to push countries towards what they willingly signed up to 10 years ago under the Paris Agreement," he said.

"Fossil fuel companies still hold sway and we are all paying the price with increasing extreme weather events."

He urged governments to now "do what you said you would".

University of Waikato associate law professor Nathan Cooper said New Zealand's support for the resolution was welcome, but the government had abandoned the country's previous role as a regional leader on climate action.

"Now, with the resolution adopted, it is time for our government to revisit recent climate-related decisions - including reversing the ban on off-shore oil and gas exploration - that the [ICJ] opinion identifies as a breach of state obligations and an 'internationally wrongful act'."

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