By Marco Lopez – Editor-In-Chief, Climate Spotlight
From December 2–13, 2024, a record-breaking 100-plus oral submissions were delivered to the International Court of Justice (ICJ). The court, which is the principal judicial organ of the United Nations (UN), has been asked to give an advisory opinion on the legal obligations of states in relation to climate change and the legal consequences that result from breaching those obligations.
Youths from the Pacific nation of Vanuatu, a small island highly vulnerable to climate change, are the architects of the draft that eventually led to the UN General Assembly resolution requesting the ICJ advisory opinion.
With 105 states co-sponsoring the resolution, this marks the first time the General Assembly has requested an advisory opinion from the ICJ with unanimous state support.
Advisory opinions from the ICJ are not legally binding. They serve as authoritative interpretations of international law on specific issues and are typically requested by UN organs or specialized agencies, such as the General Assembly.
Yet, while not binding, these opinions can play a key role in preventing mass violations of human rights. For the ICJ, this is an opportunity to chart a new approach to tackling climate change in the international space—one that goes beyond the obligations outlined in the Paris Agreement.
If the court takes this broader view, it may find that states are obligated to act as full stewards of the environment for both present and future generations. This would address shortcomings in the Paris Agreement, particularly its failure to outline state responsibilities under international human rights law.
Human and environmental rights are violated by anthropogenic climate change and environmental degradation—point blank. If the court affirms that states have a legal obligation to protect these rights, it would go beyond the Paris Agreement and represent a significant step forward.
The ICJ also has an opportunity to help prevent further climate fallout by addressing the root symptoms of climate change and ecosystem degradation—inequality. Its ruling could help upend long-held paradigms that enable the root causes of the planet’s challenges.
Small islands face disproportionate climate impacts not only because of their geography, but also because of their economic histories, often shaped by exploitation from now-developed nations.
This ruling, expected sometime in 2025, is a big deal. It could help codify the principle that humankind is not the controller of nature, but a part of the greater collective that makes life on Earth possible, and hold those accountable for damaging or disrupting that synergy.
