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UN’s Top Court Defines States’ Climate Obligations

The ruling clarifies that noncompliance with climate treaties can entitle affected nations to reparations under international law.

Overview

  • The International Court of Justice unanimously affirmed that multilateral environmental treaties impose binding duties to reduce greenhouse gas emissions and bolster adaptation efforts.
  • The court determined that states’ failures to uphold climate obligations constitute internationally wrongful acts susceptible to restitution, compensation or satisfaction.
  • Judges recognized the human right to a clean, healthy and sustainable environment as fundamental to rights such as life, health and an adequate standard of living.
  • Although advisory in nature, the opinion carries significant moral and juridical weight and is poised to shape future climate litigation and UN negotiations.
  • The advisory consultation was launched by a 2023 UN General Assembly resolution at Vanuatu’s request and has garnered support from more than 130 nations, particularly Pacific and Global South states.