In a powerful and precedent-setting advisory opinion, the European Free Trade Association (EFTA) Court has declared that European Union law—applicable pursuant to the European Economic Area (EEA) Agreement—prohibits the approval of fossil fuel projects without first assessing the global climate impacts of their emissions, including those generated when oil and […]
Advisory Opinion
22 posts
Maria Antonia Tigre and Susan Ann Samuel On May 2, 2025, a coalition of non-governmental organizations (NGOs), headed by the Pan African Lawyers Union (PALU), and in collaboration with the African Climate Platform, Resilient40, Natural Justice, and Environmental Lawyer Collective for Africa, submitted a petition to the African Court on […]
This blog post is Part 3 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the request for an advisory opinion regarding the obligations of States with respect to climate change. Part 1 focused on discussions on applicable […]
This blog post is Part 2 of a three-part series highlighting the main legal arguments presented during the hearings of the International Court of Justice (ICJ) on the advisory opinion request related to States’ obligations regarding climate change. Part 1 focused on discussions regarding applicable law, and the no-harm rule. […]
On March 29, 2023, the United Nations General Assembly (UNGA) adopted a resolution requesting an advisory opinion from the International Court of Justice (ICJ) on States’ obligations regarding climate change. This request was widely seen as an opportunity for the Court to clarify States’ legal obligations, advance climate justice, and […]
On 21 May 2024, the International Tribunal for the Law of the Sea (ITLOS) delivered its much anticipated Advisory Opinion on Climate Change. Other blog-posts have already dealt with various aspects of the Advisory Opinion (see, for instance, here and here), including the Tribunal’s approach to interpreting the United Nations […]
The oceans absorb large quantities of the carbon dioxide emitted by human activities. This “sink” function is so significant that, until 1957, one objection to a causal link between anthropogenic emissions and global warming was that the oceans would absorb most of the excess CO2, thus breaking this link. That […]
The International Tribunal for the Law of the Sea (ITLOS) issued an advisory opinion on April 21, 2024 in response to a request submitted by the Commission of Small Island States on Climate Change and International Law (COSIS). While various aspects of the advisory opinion have already been discussed in […]