One of the most profound findings in the International Court of Justice’s (ICJ’s) climate change advisory opinion (AO) is that State obligations to mitigate climate change to a level that holds warming to the Paris Agreement’s 1.5oC threshold are spread out over the large canvas of international law, including United […]
Climate Litigation
310 posts
The climate reparations debate seeks justice for states, communities, and individuals suffering from the unjust distribution of climate-related harms. This debate can be usefully informed by lessons from the field of ‘transitional justice’, i.e., the body of scholarship and practice concerned with how societies respond to the legacies of massive […]
*This is Part One of a two-part blog series that examines the impact of federal grant termination litigation on the Inflation Reduction Act’s Greenhouse Gas Reduction Fund (GGRF). At the time of this post, the U.S. Court of Appeals for the D.C. Circuit has just issued a decision in Climate […]
As the realities of climate change become increasingly dire, communities worldwide face devastating impacts, from rising sea levels to extreme weather events, disproportionately affecting those who have contributed the least to greenhouse gas (GHG) emissions. In this context, impacted individuals and communities are increasingly seeking recourse in international and regional […]
The International Court of Justice’s (ICJ’s) Advisory Opinion on Climate Change arrived with force. Given its far-reaching implications, there is no doubt that the opinion now will be subject to conflicting interpretations. In this post, I highlight the interpretive compass that the opinion supplies to those who will now interpret […]
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 […]
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 […]
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 […]