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, […]

Of Warming and Warzones: The Legal Status of Military Emissions in  the ICJ’s Climate Opinion

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 […]

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. […]