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International Court of Justice Rules Climate Inaction Could Violate Law

Recognizing a clean environment as a human right, this nonbinding advisory opinion charts a new path for climate accountability.

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Overview

  • The ICJ’s 500-page advisory opinion concludes that failure to take appropriate measures against greenhouse gas emissions may constitute an internationally wrongful act.
  • The court formally recognized a clean, healthy and sustainable environment as a fundamental human right under international law.
  • Though nonbinding, the opinion affirms that harmed states could pursue full reparations—including restitution, compensation or satisfaction—on a case-by-case basis.
  • President Yuji Iwasawa described climate change as an urgent, existential threat that demands high-ambition emission targets and international cooperation.
  • Championed by Vanuatu and backed by more than 130 nations, the ruling is poised to shape domestic climate litigation, investment treaties and future UN negotiations.