International Court of Justice (ICJ) Bolsters Legal Foundation of 'Common Concern' Principle
The International Court of Justice (ICJ) has issued a landmark advisory opinion that underscores the urgent need for action on climate change, particularly for industrialized states. The ICJ has declared that climate change is a common concern of humankind, a phrase that has been used in climate treaties such as the UNFCCC and the Paris Agreement.
The ICJ's ruling, handed down in July 2025, holds specifically industrialized states responsible for taking immediate and significantly more ambitious action to limit global warming to 1.5 degrees Celsius. This includes enacting appropriate regulations or effective controls over private sectors under their jurisdiction to control greenhouse gas emissions.
The ICJ's affirmation extends states' obligations to non-state actors within their jurisdiction, such as corporations and heavy emitters. The court emphasized that addressing climate change requires action from all parts of society, including governments, courts, businesses, academia, and the public.
The ICJ's opinion is significant because it brings the broader possibilities of the common concern principle into view, including lawmakers legislating for shared global duties. The common concern principle is not limited to climate change, but can also apply to other transboundary environmental challenges, such as ongoing plastics treaty negotiations.
The ICJ has affirmed that climate change is a common concern, which implies concrete obligations for states to cooperate and exercise due diligence. For decades, the common concern principle was mostly shaped by states and functioned as a political premise, not a binding ecological or legal standard. However, the ICJ's recent ruling has breathed new life into the principle, clarifying that it is a legal principle with concrete implications.
The United Nations General Assembly Resolution 43/53, passed in 1988, declared climate change as a threat to all of humanity and required collective action. The ICJ's advisory opinion builds on this resolution, linking the broad scope of states' obligations to the UN General Assembly's description of climate change as a "common concern of mankind," emphasizing the magnitude of the problem.
The ICJ's opinion also emphasizes that the duty to cooperate is judged by due diligence, meaning states must take diligent and progressive actions in their cooperation efforts. The court stated that Nationally Determined Contributions (NDCs) must reflect the highest possible ambition and be collectively capable of meeting the 1.5C target.
The ICJ's advisory opinion sets interpretive baselines that can ripple through domestic and international law for climate litigation. The author, Ye-Eun Uhm, an adjunct professor of international law at Ajou University and a diplomacy associate at Solutions for Our Climate, believes that the ICJ's ruling will have far-reaching implications for climate action.
This article is funded by readers' donations. It is our hope that by shedding light on the ICJ's ruling and its implications, we can inspire action and drive progress towards a more sustainable future.
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