The International Court of Justice (ICJ), the United Nations’ principal judicial body, has issued an advisory opinion regarding the obligations of states in relation to climate change. The opinion asserts that countries are legally required to reduce greenhouse gas emissions and contribute to climate change adaptation. This development raises the possibility that wealthier nations may be obliged to provide compensation to developing countries that are most affected by climate change.
This announcement follows a 2023 request by the UN General Assembly for an advisory opinion to clarify states’ responsibilities under international law to protect the environment from greenhouse gas emissions. The request also sought to address the legal consequences for nations causing significant climate harm through their actions or inactions, especially concerning the most impacted small island developing states and future generations. The request was initiated after Vanuatu, a Pacific Island State, declared in 2021 its intention to seek an ICJ advisory opinion on climate change.
According to the ICJ’s opinion, all state parties to the United Nations Framework Convention on Climate Change (UNFCCC) — ratified by all UN member states — have a duty to implement measures to mitigate greenhouse gas emissions and adapt to climate change. Furthermore, developed nations have an additional responsibility to lead efforts in combating climate change by reducing their emissions and enhancing their greenhouse gas sinks and reservoirs.
The opinion also states that countries party to the Paris Agreement are obligated to prepare and maintain climate plans that collectively enable the agreement’s target of limiting global warming to 1.5°C above pre-industrial levels. Nearly all countries have signed the Paris Agreement, although the United States, under President Trump, initiated a withdrawal from the accord.
Additional obligations outlined in the opinion include the duty of states to cooperate in achieving the UNFCCC objectives and to work together on adaptation and cooperation among Paris Agreement parties. This includes technology and financial transfers, which must be performed in good faith.
While the ICJ’s opinion is non-binding, legal experts suggest it could have significant implications for wealthy nations, potentially resulting in lawsuits from developing countries needing to adapt to climate change impacts.
Danilo Garrido, Legal Counsel at Greenpeace International, remarked: “The ICJ advisory opinion marks a turning point for climate justice, as it has clarified, once and for all, the international climate obligations of states, and most importantly, the consequences for breaches of these obligations. This will open the door for new cases and hopefully bring justice to those, who despite having contributed the least to climate change, are already suffering its most severe consequences.”
*Image source: UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ.*
