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 […]
Climate Litigation
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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 […]
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 […]
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 […]
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 […]
Military activities and armed conflicts are a growing climate liability. Along with thousands of deaths, twelve months of war in Ukraine resulted in around 120 million tons of greenhouse gas (GHG) emissions – matching Belgium’s emissions over the same period. The climate footprint of the first fifteen months of Israel’s […]
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 […]