Kellogg alumnus Suvanga Parajuli speaks at climate change hearing at The Hague
Kellogg alumnus Suvanga Parajuli was recently part of the Nepali delegation led by Nepal’s Minister for Foreign Affairs, Dr Arzu Rana Deuba, who made Nepal’s oral statement before the International Court of Justice (ICJ), in the Hague.
The delegation submitted Nepal’s position at the Court’s public hearings on the ‘Obligations of States in respect of Climate Change’.
At the International Court of Justice (ICJ), Nepal has called for clear accountability from developed nations for their historical contributions to climate change, urging for compensation and justice for countries like Nepal that bear the brunt of the crisis despite minimal contributions.
Suvanga, Under-Secretary at the Ministry of Foreign Affairs, made Nepal’s third and last oral statement, speaking on the legal consequences when States fail to uphold their obligations regarding climate change. Parajuli refuted the characterization of the climate crisis as a “shared tragedy where no specific responsibility could be assigned”.
Citing scientific evidence and the International Law Commission’s (ILC) principles on state responsibility, he emphasised that internationally wrongful acts, including breach of obligations related to climate change, warrant obligations for cessation and reparation. Nepal also highlighted the concept of “composite breaches,” pointing to the cumulative emissions of industrialised nations as a clear example.
He argued that the responsibilities could be established based on the customary international law on the responsibility of states regarding internationally wrongful acts. He added that the developed countries have a collective duty to compensate for the harm caused by their historic emissions given the composite nature of state responsibility in climate change. “What countries like Nepal are calling for is not mere handouts or charity, but compensatory climate justice.” he said.
The address also underscored Nepal’s disproportionate suffering from climate impacts, framing it as a “gross injustice”. Nepal further implored the Court to consider the realities faced by vulnerable states in its advisory opinion and to encourage all nations to scale up climate commitments. Nepal’s plea represents a broader call for compensatory climate justice rather than mere charity.
The International Court of Justice (ICJ), the principal judicial organ of the UN, holds public hearings on the request for an advisory opinion on the Obligations of States in respect of Climate Change, from Monday 2 to Friday 13 December 2024, at the Peace Palace in The Hague, the seat of the Court. The session was held under the presidency of Mr Nawaf Salam, President of the Court. The Court’s role is to settle, following international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorised UN organs and agencies.
Read the Ministry of Foreign Affairs article for more context on the hearings and Nepal’s overall position.