Cross-cutting Issues

456 posts

State Responsibility and the ICJ’s Advisory Opinion on Climate Change: One Step at a Time

After the International Court of Justice (ICJ) issued its advisory opinion on Obligations of States in Respect of Climate Change, many observers were quick to conclude that it “[opens] the door to a cascade of lawsuits” (Politico). The opinion is indeed an important confirmation that the rules of State responsibility […]

The Struggle against Fossil Sovereignty: The International Court of Justice in the Climate Crisis

Private actors are still expanding fossil fuel exploration and production while states continue to enable and even encourage such activities by granting subsidies, licences, and legal protection. This happens even though most fossil fuels must clearly stay in the ground if the Paris target of limiting global warming to 1.5˚C […]

Fiduciary Duties White Paper: Varied Legal Parameters Shape Fiduciaries’ Ability To Act On Climate Risk

  Commentators who advocate either for or against corporate and asset managers addressing climate risks often refer to “fiduciary duty” as justification for their claims. Yet no field of corporate or asset management actually imposes one standalone fiduciary duty. Nor do any two business-law fields impose the same fiduciary regime. […]

New Standards in Government Framework Litigation: Legal Implications of the ICJ Advisory Opinion on Climate Change

In its long-awaited advisory opinion on climate change, the International Court of Justice (ICJ) made a range of landmark findings on States’ obligations to address the climate crisis and the consequences of failing to do so. The pronouncements from the world’s highest court will now serve as immediate authoritative guidance […]

When tracking corporate climate conduct, do we focus too much on emissions?

  This blog is the first in a three-part series on sustainable finance metrics that better evaluate corporate climate risk, opportunity, and impact, and make metrics more relevant to financial decision-making. Corporate climate practices have matured for over a decade, creating a specialized industry of experts evaluating climate performance within […]

Sea-Level Rise Reaches The Hague: Findings in Relation to the Law of the Sea in the ICJ’s Climate Change Advisory Opinion

The advisory opinion rendered by the International Court of Justice (ICJ) on 23 July 2025 marks a pivotal moment in the articulation of States’ obligations concerning climate change. While based on broader rules and principles of international law, the opinion foregrounded the United Nations Convention on the Law of the […]

Human Rights in the ICJ’s Climate Opinion: A Comparative Evaluation

This summer has seen two major climate advisory opinions published – first from the Inter-American Court of Human Rights (IACtHR), and then from the International Court of Justice (ICJ). Both opinions address human rights law, embedding human rights in a broader overarching framework of international law that also includes international […]

Sabin Center Files Amicus Brief to Support States and Local Governments in Federal Funding Freeze Case

Last Friday, July 25, the Sabin Center filed an amicus brief on behalf of the U.S. Conference of Mayors (USCM) in support of the Plaintiff States in the case New York v. Trump. The case, brought by twenty-two states and the District of Columbia in the U.S. District Court for […]