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ICJ Declares Right to a Clean Environment and Upholds 1.5°C Climate Target

The advisory opinion enshrines binding state duties under international law to protect a healthy environment by limiting warming to 1.5°C

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Im Februar 2004 steht ein Teil des Funafuti Atolls (Tuvalu) unter Wasser.
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Overview

  • The International Court of Justice declared a clean, healthy and sustainable environment a human right in its first advisory opinion on climate obligations.
  • It affirms that limiting global warming to 1.5°C under the Paris Agreement represents a binding duty for states under international law.
  • The court states that failure to adopt necessary climate measures may constitute a wrongful act and potentially trigger compensation claims by affected countries.
  • Though non-binding, the 500-page opinion is expected to drive national and transnational climate litigation and shape upcoming UN negotiations.
  • The advisory opinion follows a UN General Assembly request initiated by Vanuatu and Pacific Islands Students Fighting Climate Change in 2023.