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yesterday

ICJ Advisory Opinion Affirms States’ Binding Climate Duties

Its non-binding nature hides its potential as a landmark legal interpretation whose force depends on uptake by courts or national policymakers.

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Vulnerable countries, such as the Maldives, could cite the United Nations’ ruling if attempting to recover compensation from polluting nations
Aunty McRose Elu addresses a crowd with Uncle Pabai Pabai (behind) and Uncle Paul Kabai (left) at the Federal Court in Cairns (Image: AAP/Brian Cassey)

Overview

  • On July 23, the International Court of Justice delivered a unanimous advisory opinion establishing that states are legally obliged to reduce greenhouse gas emissions and prevent climate harm, with failures constituting internationally wrongful acts requiring cessation and full reparations.
  • Though non-binding, the opinion is viewed as the most authoritative interpretation of international climate law and is expected to guide future litigation, court decisions and policy reforms worldwide.
  • The ruling grounds states’ climate duties in treaties, human rights law and customary international law and upholds the principle that developed countries must assist vulnerable states with finance, technology transfer and capacity building.
  • The court made clear that continued fossil fuel extraction, licensing or subsidies without adequate climate measures may violate international legal obligations and expose states to liability.
  • Following the ruling, educators in India are incorporating its findings into UPSC curricula while African governments and legal experts evaluate strategies for reparations claims and contentious proceedings.