Historical Decision by International Court: Outlines Significant Protections for Climate-Affected Nations in Groundbreaking Judgment
The International Court of Justice (ICJ) has issued a landmark advisory opinion on states' obligations in respect of climate change, setting a new standard for global environmental governance and climate justice. Although the opinion is not legally binding, it carries great weight as a unanimous ruling by the Court’s 15 judges and is expected to influence international and domestic climate policies and litigation.
The ICJ's advisory opinion clarifies and confirms states’ binding duties to protect the climate system from harmful greenhouse gas emissions. States have an obligation under international law—not merely aspirational—to regulate activities causing climate harm, including those by private actors within their jurisdiction. These obligations arise not only from specific climate treaties, such as the UNFCCC, Kyoto Protocol, and Paris Agreement, but also from broader environmental and human rights treaties.
The ICJ ruling establishes that a healthy environment is essential for the enjoyment of human rights. The human right to a "clean, healthy, and sustainable environment" is now recognized as "essential". The obligations include due diligence duties, requiring states to prevent significant transboundary harm to the climate system. Breach of climate-related obligations may lead to legal responsibility and consequences such as cessation of wrongful conduct, guarantees of non-repetition, reparations, or compensation for damages.
The obligations to protect the climate system are erga omnes, meaning all states have a legal interest in enforcement and may hold violators accountable under international law. This marks these duties as obligations toward the international community as a whole. The consequences of climate change are severe and far-reaching, affecting both natural ecosystems and human populations.
The ICJ's advisory opinion is seen as a lifeline for Pacific communities on the frontline of climate change. It is also set to spark a chain reaction that accelerates climate litigation on a global scale. The ICJ's ruling was referenced in at least one court proceeding in the UK, signalling a growing trend of using international law to hold states accountable for their climate actions.
The Inter-American Court of Human Rights (IACtHR) has also affirmed states' binding obligations to protect environmental defenders and to address the climate crisis as a human rights emergency. The IACtHR opinion placed irreversible climate harms on the same level as internationally-recognized crimes like genocide and torture. States are legally bound to cut their emissions and compensate vulnerable nations for the harm they have caused.
The Pacific Island Students Fighting Climate Change (PISFCC) launched a global campaign for an advisory opinion on climate change in 2019. Their efforts have paid off, with the ICJ delivering a ruling that reinforces climate protection as a recognized legal imperative. The UN General Assembly also recognized the universal right to a clean, healthy, and sustainable environment in 2022, further emphasizing the importance of climate action.
International courts' opinions, while non-binding, carry significant legal weight and moral authority and are poised to shape the future of climate litigation. The IACtHR opinion and the ICJ's advisory opinion are poised to have a lasting impact on global efforts to combat climate change and protect the environment for future generations.
[1] International Court of Justice (ICJ), Advisory Opinion on States' Obligations in Respect of Climate Change, 2022. [2] Inter-American Court of Human Rights (IACtHR), Case of the Maya Indigenous Communities of the Toledo District, Belize v. Guatemala, Judgment, 2010. [3] United Nations General Assembly, Resolution on the Universal Right to a Clean, Healthy, and Sustainable Environment, 2022. [4] Pacific Island Students Fighting Climate Change (PISFCC), Campaign for an Advisory Opinion on Climate Change, 2019.
- The International Court of Justice (ICJ) has set a new standard for global environmental governance and climate justice with its landmark advisory opinion on states' obligations in respect of climate change, clarifying and confirming their binding duties to protect the climate system from harmful greenhouse gas emissions.
- The ICJ's ruling establishes that a healthy environment is essential for the enjoyment of human rights, recognizing the human right to a "clean, healthy, and sustainable environment" as "essential".
- States have an obligation, not just aspirational, to regulate activities causing climate harm, including those by private actors within their jurisdiction, arising not only from specific climate treaties but also from broader environmental and human rights treaties.
- The ICJ's advisory opinion is seen as a lifeline for Pacific communities on the frontline of climate change, sparking a chain reaction that accelerates climate litigation on a global scale.
- The Inter-American Court of Human Rights (IACtHR) has affirmed states' binding obligations to protect environmental defenders and to address the climate crisis as a human rights emergency.
- The UN General Assembly recognized the universal right to a clean, healthy, and sustainable environment in 2022, further emphasizing the importance of climate action.
- International courts' opinions, such as the ICJ's advisory opinion and the IACtHR's judgment, while non-binding, carry significant legal weight and moral authority and are poised to shape the future of climate litigation, having a lasting impact on global efforts to combat climate change and protect the environment for future generations.
