ICJ Releases Advisory Opinion On States’ Obligations to Address Climate Change

On July 23, the International Court of Justice (ICJ) issued an advisory opinion on states’ obligations with respect to climate change. The landmark opinion followed a resolution passed by the United Nations General Assembly on March 29, 2023 that requested the judges weigh in on two questions related to the climate crisis: What are states’ responsibilities under international law to reduce greenhouse gas emissions, and what are the legal consequences for countries that do not comply? The court held public hearings last year from Dec. 2 to Dec. 13 after receiving an unprecedented number of written statements.

The ICJ unanimously found that under international law, countries must safeguard the environment and reduce greenhouse gas emissions. The opinion specifically mentioned that parties to particular environmental and human rights treaties are obligated to adopt related protective measures. The court also unanimously found that a breach of the obligations described in response to the first question put forward by the UN General Assembly may constitute “an internationally wrongful act.” The judges described three categories of legal recourse: cessation of actions, provision of guarantees that such actions would not occur again, and reparations to injured states. The advisory opinion also provided examples of noncompliance: “Failure of a State to take appropriate action to protect the climate system from greenhouse gas emissions — including through fossil fuel production, fossil fuel consumption, the granting of fossil fuel exploration licences or the provision of fossil fuel subsidies — may constitute an internationally wrongful act which is attributable to that State.”

You can read a summary of the declarations and opinions here. 

You can read the advisory opinion in full here.