Cross-cutting Issues

467 posts

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 […]

The Ruling and the Mirror: The ICJ’s Climate Change Advisory Opinion as Institutional Self-Portrait

On July 24, 2025, the International Court of Justice (ICJ) delivered its long-awaited advisory opinion on climate change. Reactions have been swift and enthusiastic. Some of the excitement arguably stems less from the content of the ruling than from the sheer scale of the process itself. The list of individuals […]

What the Court Didn’t Say: The ICJ’s Climate Opinion and the Politics of Judicial Restraint

The advisory opinion of the International Court of Justice (ICJ) on the Obligations of States in Respect of Climate Change has already been hailed as a historic contribution to the evolving body of case-law on climate-related international law. The opinion was described as a “historic legal victory for small island […]

World’s Highest Court Embraces the Right to a Healthy Environment

For the second time in a month, one of the world’s highest judicial authorities has issued an advisory opinion on the climate crisis that highlights the importance of the human right to a clean, healthy and sustainable environment. Echoing the Inter-American Court of Human Rights in its Advisory Opinion 32/25, […]

Enhanced Due Diligence: A New Legal Standard for Climate Action in the Inter-American System

Advisory Opinion 32/25 (AO-32/25)  of the Inter-American Court of Human Rights (IACtHR) marks a turning point in the interpretation of international human rights law in relation to climate change. In AO-32/25, the IACtHR recognizes that the world is facing a genuine climate emergency and affirms that this situation demands an […]

Corporations, Climate, and the Court: New Directions for Business and Human Rights in AO-32/25

Corporations, especially those engaged in fossil fuel production, agriculture, construction, and transportation, play a significant role in the climate crisis and in its human rights impacts. Holding businesses responsible for their human rights and environmental harms has been a perennial challenge that has become increasingly acute in the climate crisis. […]