International Court of Justice Ruling Paves Way for Legal Claims Over Climate Change by Developed Countries
The International Court of Justice (ICJ) has issued an advisory opinion that clarifies the legal obligations of nations in addressing climate change, particularly for developed countries known as Annex I parties.
In a landmark decision, the ICJ emphasized that developed nations have specific binding obligations under the Paris Agreement. These obligations include providing climate finance, technology transfer, and capacity-building assistance to developing countries, taking the lead in combating climate change, submitting Nationally Determined Contributions (NDCs) that align with the 1.5°C target, regulating private actors’ emissions, and acting with due diligence and good faith cooperation.
Moreover, the ICJ highlighted that these obligations are grounded not only in the Paris Agreement but also in customary international law, human rights treaties, and environmental law principles such as the duty to prevent transboundary harm and act with due diligence.
Danilo Garrido, Legal Counsel at Greenpeace International, believes that this advisory opinion could have significant implications for nations not meeting their climate obligations. He suggests that it could lead to legal actions against nations that fail to uphold their commitments. Garrido sees this as a turning point for climate justice, potentially opening the door for new cases that bring justice to those affected by climate change.
The UN General Assembly (UNGA) requested the advisory opinion in 2023 to outline the obligations of states under international law regarding greenhouse gas (GHG) emissions and their impact on the environment. Nearly all countries have signed the Paris Agreement, although the U.S. has initiated proceedings to withdraw from the accord.
The ICJ opinion states that all state parties to the United Nations Framework Convention on Climate Change (UNFCCC) have an obligation to adopt measures to mitigate GHG emissions and adapt to climate change. The opinion also emphasizes the need for adaptation and cooperation among Paris Agreement parties, including through technology and financial transfers.
Developed nations, according to the ICJ opinion, have an additional obligation to lead in combating climate change by limiting their GHG emissions and enhancing their GHG sinks and reservoirs. The opinion also states that countries that are parties to the Paris Agreement have an obligation to prepare and maintain climate plans collectively enabling the agreement's goal to limit global warming to 1.5°C above pre-industrial levels.
In summary, the ICJ’s advisory opinion clarifies that developed countries are legally obligated to lead emission reductions aligned with the 1.5°C goal, provide financial and technological support to developing countries, regulate emissions domestically (including from private actors), and cooperate internationally to prevent climate harm, fulfilling their commitments with due diligence under the Paris Agreement as clarified by the ICJ’s advisory opinion.
[1] ICJ, Advisory Opinion on the Obligations of States in respect of Climate Change, 2023, para. 78-93. [2] ICJ, Advisory Opinion on the Obligations of States in respect of Climate Change, 2023, para. 94-100. [3] ICJ, Advisory Opinion on the Obligations of States in respect of Climate Change, 2023, para. 101-113. [4] ICJ, Advisory Opinion on the Obligations of States in respect of Climate Change, 2023, para. 114-120. [5] ICJ, Advisory Opinion on the Obligations of States in respect of Climate Change, 2023, para. 121-134.
- The ICJ's advisory opinion underlines that the legal obligations of developed nations, known as Annex I parties, in addressing climate change are not limited to the Paris Agreement but also encompass customary international law, human rights treaties, and principles of environmental law.
- Environmental science and policy-and-legislation experts have identified the opportunity for developing legal actions against nations that fail to meet their climate obligations, stemming from the ICJ's advisory opinion on climate change.
- The UNGA's request for an advisory opinion on nations' international law obligations regarding greenhouse gas emissions and their impact on the environment emphasized the importance of general news coverage and political discourse on the matter.
