Can Africa Still Drill? What the ICJ Climate Opinion Means for Oil and Gas Exploration in Africa

In July 2025, the International Court of Justice (ICJ) adopted its advisory opinion on climate change. While the ICJ found that any State suffering from climate change can bring charges against others for their contribution to climate change, the opinion does not distinguish between the obligations of developed and developing […]

State Anti-ESG Movement Evolves to Target Investor Access

With anti-ESG forces ascendant in national government, and federal agencies neglecting or outright reversing even modest regulatory efforts to address climate risks, fossil-fuel industry supporters have expanded their agenda at the state level. Through 100+ statehouse bills introduced this year, the anti-ESG agenda has moved beyond an initial targeting of […]

Statehood in the Climate Crisis: The ICJ’s Climate Advisory Opinion and the Presumption of State Continuity

More than two years after the United Nations General Assembly (UNGA) adopted Resolution 77/276, the International Court of Justice (ICJ) issued its highly anticipated Advisory Opinion on the Obligations of States in Respect of Climate Change on 23 July 2025. The ICJ was unanimous in its findings that states have […]

Is Montevideo Sinking? “Disappearing” States and De-territorialized Statehood Following the ICJ’s Advisory Opinion on Climate Change

The International Court of Justice’s (ICJ) recent advisory opinion on climate change is a landmark in the development of international law. In this post, we focus on a short section of the opinion that may signal a fundamental shift in how international law conceives of statehood. We aim to decipher […]

When Custom Binds All States: Reflections on Customary International Law in the ICJ Climate Advisory Opinion

In the triptych of inspiring advisory opinions by international courts and tribunals (see here, here, and here), the third iteration by the International Court of Justice (ICJ) did not disappoint. Its unanimous advisory opinion on climate change constitutes a landmark decision that will be with us for many years. This […]

A Panoply of Consequences? Remedies and Reparations in the ICJ’s Climate Opinion

The International Court of Justice (ICJ)’s recent advisory opinion on climate change represents a pivotal moment in the evolution of international climate law. By affirming that States can incur legal responsibility for failing to reduce greenhouse gas (GHG) emissions, the ICJ brought long-standing principles of State responsibility into sharper focus […]

Harmonizing Sources, Hardening Duties – Inside the ICJ’s Advisory Opinion on Climate Change

The International Court of Justice (ICJ)’s release of its Advisory Opinion on the Obligations of States with Respect to Climate Change marks a watershed moment, not just because of what the court says about climate obligations, but also because of how it says it. In responding to the legal question posed […]

Sabin Center Submits Comment Letters on EPA’s Proposed Repeal of Power Plant GHG Emission Standards

On June 17, 2025, EPA published a proposed rule to either repeal entirely, or significantly revise, a rule issued in 2024 which set performance standards for fossil fuel-fired power plants to limit their greenhouse gas (GHG) emissions. This week, the Sabin Center filed three comment letters opposing the proposal. First, […]