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ICJ Rules States Have Legal Duty to Prevent Climate Change Harm

The non-binding decision outlines liability and reparations principles, fueling new climate lawsuits, pressuring governments to strengthen multilateral commitments

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Overview

  • The court’s unanimous July opinion for the first time defines under international law that states must prevent harm from greenhouse gas emissions and uphold the 1.5°C limit
  • The advisory reaffirms the principle of common but differentiated responsibilities by urging wealthy industrial nations to lead deep emission cuts and fund climate resilience in developing countries
  • It warns that failure to take adequate action may amount to an internationally wrongful act, opening the door to full reparations claims by affected nations
  • Although non-binding, the opinion is already cited in over 2,600 pending climate cases worldwide and is expected to underpin both domestic and interstate litigation
  • Unresolved questions about the ICJ’s enforcement authority highlight challenges in compelling compliance from sovereign states without binding mechanisms