{"id":911551,"date":"2026-09-30T23:18:15","date_gmt":"2026-09-30T23:18:15","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/911551\/"},"modified":"2026-09-30T23:18:15","modified_gmt":"2026-09-30T23:18:15","slug":"after-another-natural-disaster-can-nepal-sue-wealthy-countries-for-climate-change-destruction","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/911551\/","title":{"rendered":"After another natural disaster, can Nepal sue wealthy countries for climate change destruction?"},"content":{"rendered":"

With a captive audience, Prime Minister Balendra Shah rose to the dais of the United Nations General Assembly last week, “carrying a close warning for humanity”.<\/p>\n

“A warming climate is destabilising the fragile Himalayan ecology,” he said.<\/p>\n

“Melting permafrost is fracturing mountain slopes beneath the glaciers and accelerating the risks of ice-rock avalanches, floods, landslides and other cascading hazards.”<\/p>\n

Nepal had just suffered one of its worst natural disasters in history<\/a>, with flash floods killing more than 1,400 people and leaving thousands missing.<\/p>\n

“And when the next warning comes from the rooftop of the world,” Mr Shah said.<\/p>\n

“Let us be ready to hear it, and ready to act.”<\/p>\n

Little did he know, the next warning would come only a few days later.<\/p>\n

Another wave of floods and landslides<\/p>\n

Torrential monsoon rains in the past four days triggered another wave of flash floods and landslides, with 27 confirmed deaths in Nepal and at least 62 in neighbouring India, according to state officials.<\/p>\n

Nepali authorities warned two-thirds of the country that they were at risk of flash floods, with major river systems pushed to the brink by heavy rain.<\/p>\n

\"A<\/p>\n

Nepal is still reeling from catastrophic floods that hit the country a month ago. (Reuters: Tyrone Siu)<\/p>\n

The neighbouring north Indian state of Uttar Pradesh recorded eight times its normal rainfall from September 25 to 27, damaging more than a thousand homes.<\/p>\n

It was midnight when the floods hit Tenzin’s home in the remote town on Humde Manang in Nepal’s northern mountains<\/p>\n

“This is the first time our place has been hit by such a large-scale disaster,” the teacher said.<\/p>\n

“It was both terrifying and sad.”<\/p>\n

Tenzin said Nepal was suffering so many disasters because of climate change, unplanned development, poor preparation and deforestation.<\/p>\n

\"A<\/p>\n

Gyaneshwar Acharya is one of many Nepal floods survivors calling for more support. (Supplied: Gyaneshwar Acharya)<\/p>\n

She believes industrialised nations should financially help countries like Nepal given it “contributes very little to global carbon emissions”.<\/p>\n

Humde Manang residents hope to rebuild their homes, but in the town of Jaljala, residents like Gyaneshwar Acharya are less optimistic.<\/p>\n

“I cannot go back and live in my house due to floods,” he said.<\/p>\n

“Our future looks very dark. Please help us.”<\/p>\n

Can countries sue after climate change disasters?<\/p>\n

In July 2025, the International Court of Justice delivered a historic and unanimous ruling that countries have a legal obligation to reduce emissions and are liable if they do not act.<\/p>\n

It came after years of campaigning by a coalition of advocates<\/a> from Pacific Island nations, who are at high risk of extreme weather and rising sea levels.<\/p>\n

\"A<\/p>\n

Climate activists and campaigners demonstrate outside the International Court of Justice before the reading of an advisory opinion in July 2025.\u00a0 (Reuters: Marta Fiorin)<\/p>\n

The ICJ advisory opinion has since been cited in a range of domestic proceedings in courts worldwide.<\/p>\n

Even Australia’s High Court is set to consider it in a case concerning the proposed expansion of the Mt Pleasant coalmine<\/a> in the Hunter Valley.<\/p>\n

Professor Tim Stephens from the University of Sydney Law School has yet to see a case where an ICJ advisory opinion was “really determinative”.<\/p>\n

“But it is certainly having an influence,” he said.<\/p>\n

Professor Stephens said Nepal and “other climate vulnerable states have a good case to argue” in light of the ICJ’s judgement.<\/p>\n

“In some respects, the law is relatively straightforward,” he said.<\/p>\n

“The more complex question is whether or not individual governments are going to want to pursue proceedings seeking compensation and precisely how.”<\/p>\n

Challenges to securing ‘climate justice’<\/p>\n

Professor Stephens said the climate obligations identified by the ICJ in its advisory opinion bind all states, including the US, despite its withdrawal from the 2015 Paris Agreement.<\/p>\n

But Nepal has yet to accept the ICJ’s jurisdiction, either by joining a treaty covered by it or submitting the relevant declaration.<\/p>\n

\"A<\/p>\n

Some residents impacted by the floods are now sheltering in camps and relying on supplies that are airlifted in. (Supplied)<\/p>\n

“So Nepal couldn’t commence proceedings in the ICJ,” he said.<\/p>\n

‘But Nepal’s only one of many states being impacted’<\/p>\n

Even if Nepal joined a treaty covered by the ICJ, the path to compensation could still be complicated.<\/p>\n

Professor Stephens said a “victim state” must also show, not just that a country has breached its international obligations, but that the impact is attributable to another state.<\/p>\n

“There’s really no doubt that climate change is causing glacial melt globally, including in the Himalayas,” he said.<\/p>\n

“And the destabilisation that’s occurring in the Himalayas, leading to floods like this, is directly traceable.”<\/p>\n

Courts can be slow, aid is needed now<\/p>\n

Back in Nepal, volunteer Bigyan Raj Sharma is helping rescue and recovery operations in Myagdi and Parbat \u2014 two of the worst-affected districts.<\/p>\n

“Rivers suddenly rose above danger marks and washed away 30 to 40 houses mercilessly,” he said.<\/p>\n

\"A<\/p>\n

Rescue volunteer Bigyan Raj Sharma says some communities are cut off in the wake of the floods. (Supplied: Bigyan Raj Sharma)<\/p>\n

“Entire town destroyed. It was a total disaster.”\u2028<\/p>\n

Villages like Paudwar are “completely blocked from all sides”, so food, medicines and supplies have to be airlifted, along with bodies.<\/p>\n

Looking ahead, Sharma thinks Nepal should follow China’s lead and move towns to safer locations, using unsafe areas only for agriculture.<\/p>\n

“Here, houses are very scattered and located at unsafe places. This is why it’s difficult to minimise risks from floods,” he said.<\/p>\n

“However, people are not ready to leave their houses because they have been living here for years. Their heart lies here, their childhood lies here.”<\/p>\n

Rebuilding infrastructure remains a major challenge for developing nations like Nepal, as cascading disasters stretch resources.<\/p>\n

Nepal is seeking $20 million from the UN’s loss and damage fund, although Prime Minister Shah said recovery and reconstruction would cost about 10 per cent of GDP.<\/p>\n

\"The<\/p>\n

Balendra Shah gives a passionate plea for action on climate change at the 81st United Nations General Assembly in New York City. (Reuters: Eduardo Munoz)<\/p>\n

The World Bank has made up to $US170 million ($243 million) available in emergency financing but Mr Shah said the answer to helping poor countries rebuild after climate-driven disaster “cannot simple be another mega loan or a patchwork of small grants”.<\/p>\n

He ended his UN speech by calling for reform of the “bureaucratic maze” vulnerable countries must navigate to access climate finance.<\/p>\n

“When the house is burning, we do not ask the family to complete 50 forms,” he said.<\/p>\n

“We act.”<\/p>\n","protected":false},"excerpt":{"rendered":"With a captive audience, Prime Minister Balendra Shah rose to the dais of the United Nations General Assembly…\n","protected":false},"author":2,"featured_media":911552,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[64,63,68,479130,75,6904,2462,10570,47654,479129,479131,128,6902],"class_list":["post-911551","post","type-post","status-publish","format-standard","has-post-thumbnail","category-environment","tag-au","tag-australia","tag-climate-change","tag-climate-justice","tag-environment","tag-international-court-of-justice","tag-lawsuit","tag-natural-disasters","tag-nepal","tag-nepal-floods-2026","tag-nepal-landslides-2026","tag-science","tag-united-nations"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/911551","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=911551"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/911551\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/911552"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=911551"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=911551"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=911551"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}