Imogen Saunders

The court recalls that these AO are unlike any brought before it. But the CT can only act within its legal functions. Questions brought by the UNGA are much broader. Existential & self afflicted. Requires all humans and all human knowledge. Change our habits, comforts and way of life.

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.

Ct being very careful to say judgement is about responsibilities in a general manner, not for individual states. This is making me hopeful the Ct will be very direct on *what* applies and *how* in a way many (polluting states) will be quite unhappy with.

Real question is what law applies. OPEC countries argued only UNFCC & related treaties applies as lex specialas. Other countries argued other international law applies - int env law, human rights, law of the sea, transboundary harm, sustainable development etc. #ICJAO

We are live! Jurisdiction & scientific evidence dealt with first. Jurisdiction non-contentious, and although a lot of scientific evidence in written statements on climate change, it wasn't challenged.

IL friends watching/waiting up for the #ICJAO - I join you! What better do at 11pm on a Wednesday night in Canberra....

This was a lot of fun to record - and thanks to the awesome ANZSIL crowd who came out and stopped us having to talk to an empty room...

#ANZSIL2025 #CttB A rare live recording of Called to the Bar at the ANZSIL conference. From left: @utsintlaw.bsky.social @drjessiehohmann.bsky.social, @pagingdrpaige.bsky.social, @djag2.bsky.social and @imogenmarjorie.bsky.social. @drnajimagi.bsky.social is at the edge of the shot

Great to meet in person and even better to podcast together in person soon too!!

I had a blast chairing this discussion on Rocks or Islands with @imogenmarjorie.bsky.social, @proftimstephens.bsky.social, and @djag2.bsky.social. Come for the Rock DJ joke, stay for the excellent conversation

45. Paper, Scissors - Rock or Island? Do you want a rock, DJ - or an island? This week the panel discusses the difference between rocks and islands in international law and why it matters, with special reference to the South China Sea cas

This week's #CalledToTheBar is live! When is a rock an island, and why does it matter? A discussion chaired by @pagingdrpaige.bsky.social , featuring me and @imogenmarjorie.bsky.social with special guest @proftimstephens.bsky.social !

soundcloud.com/calledtotheb...

It appears the (wholly illegal under IHL) strike from Iran on an Isreali hospital is escalating the situation. But where was the outrage when Gaza hospitals were targeted by Israel? I am not doing whataboutisms. Both are heinous. Both are war crimes. And innocent people are suffering from both.

Just 13 sleeps to ANZSIL 2025, the world's best-sized public international law conference!

Updated program available!

anzsil.org/resources/Do...

A poem about robot dogs and reality...