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ICJ Rules Climate Inaction Illicit Under International Law

Binding greenhouse gas reduction duties now expose oil, gas and coal projects to heightened legal challenges.

Overview

  • The ICJ’s advisory opinion holds that UN climate treaties impose binding obligations on states to reduce greenhouse gas emissions and bolster climate adaptation.
  • The court concluded that authorizing or subsidizing oil, gas or coal projects without sufficient safeguards may constitute an internationally wrongful act.
  • Justices reaffirmed that a clean, healthy and sustainable environment is a fundamental human right linked to life, health and water rights.
  • Although non-binding, the ruling establishes a jurisprudential precedent expected to shape national and international climate litigation.
  • Legal experts warn the opinion could trigger immediate challenges to new fossil fuel permits and demands for reparations for climate harms.