Advisory Opinion

61 posts

The Bloom of Nature’s Rights: On the IACtHR’s Recognition of Nature’s Legal Personality in AO-32/25

The Inter-American Court of Human Rights’ (IACtHR) advisory opinion on human rights and the climate emergency (AO-32/25) addresses numerous dimensions of the climate crisis, setting an important precedent for the protection of our planet. This post focuses on one particularly significant development: the IACtHR’s recognition of Nature as a subject […]

A Nod, Not a Leap: Gender and Climate in the IACtHR’s AO-32/25

On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued Advisory Opinion AO-32/25, its most wide-ranging and ambitious interpretation of State obligations in the context of the climate emergency to date. The opinion responds to a request submitted by Colombia and Chile, and is notable not only for […]

Jus Cogens and the Climate Crisis: The IACtHR’s Landmark Climate Emergency Advisory Opinion and its Jus Cogens Verdict

While there are many aspects of the Inter-American Court of Human Rights (IACtHR)’s Advisory Opinion 32/25 (AO-32/25) that are new and groundbreaking, the inclusion of a reflection on jus cogens might have surprised some observers. This is the first time that an international court has explicitly recognised the jus cogens […]

The Right to a Healthy Environment as a Catalyst for Urgent and Ambitious Climate Action at the IACtHR

The right to a healthy environment is at the heart of the landmark Advisory Opinion 32/25 (AO-32/25) on the climate emergency from the Inter-American Court of Human Rights (IACtHR). After a detailed description of scientific evidence about the devastating impacts of the climate crisis, the IACtHR devoted more than thirty […]

A Differentiated Path Forward: The Inter-American Court’s Advisory Opinion on Climate Change and Human Mobility Rights

Within hours of the publication of the Inter-American Court of Human Rights’ (IACtHR) Advisory Opinion OC-32/25 on the “Climate Emergency and Human Rights” (AO-32/25), the international human rights community erupted with acclaim. Academics and human rights advocates swiftly characterized the opinion as “historic”, a “landmark decision”,  with one colleague declaring […]

A Blueprint for Rights-Based Climate Action: The Inter-American Court of Human Rights’ Advisory Opinion on the Climate Emergency

A Historic Advisory Opinion On July 3, 2025, the Inter-American Court of Human Rights (IACtHR) issued Advisory Opinion No. 32—the most important and progressive document yet released by an international court on the climate crisis. In this landmark ruling (still only available in Spanish, with official English and Portuguese translations […]

New Book Explores How Advisory Opinions Are Shaping International Climate Law

As the Inter-American Court of Human Rights (IACtHR) prepares to release its advisory opinion on climate change on July 3, 2025—joining earlier decisions from the International Tribunal for the Law of the Seas (ITLOS) and the European Court of Human Rights (ECtHR), and in anticipation of the International Court of […]

A Landmark Climate Ruling from Europe: The EFTA Court Declares Scope 3 Emissions Must Be Assessed Before Oil Project Approvals

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 […]