International Court of Justice's Advisory Opinion on Climate Change

The International Court of Justice (ICJ) has issued a landmark advisory opinion concerning states' obligations regarding climate change. Though advisory opinions are not binding, they hold significant influence as authoritative interpretations of international law. This opinion underscores the legal obligations of states to protect the climate system, highlighting the ramifications of non-compliance.

Key Highlights

• The ICJ's interpretation integrates all major climate treaties, such as the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement, with the best available scientific consensus.
• The Paris Agreement aims to limit global temperature rise to "well below 2°C" and make efforts to cap it at 1.5°C above pre-industrial levels. The court set 1.5°C as the threshold for state efforts.
• States must ensure their Nationally Determined Contributions (NDCs) reflect their 'highest possible' ambition and actions that can realistically meet these goals.

Implications for Global North-South Divide and Climate Justice

• The court emphasized the principle of common but differentiated responsibilities and respective capabilities (CBDR-RC).
• Developed countries are legally required to provide financial resources and technology transfers to developing nations for climate adaptation and mitigation.
• Financial support obligations should align with overall temperature goals and subsequent agreements.

Legal and Human Rights Considerations

• Obligations to mitigate climate change stem from various treaties and customary international law, including the Law of the Sea Convention.
• Climate change adversely affects human rights, necessitating actions that respect these rights during the green transition.
• The decision strengthens the legal position of vulnerable states, like small island nations, poised to hold major emitters accountable.

Strategic Litigation and Future Action

• The decision bolsters climate-related litigation globally, encouraging actions against insufficient climate policies.
• Countries like India can use this decision to pressure developed nations on commitments to climate finance and technology transfer.

This advisory opinion is a significant legal victory for small island states and developing countries, enhancing their leverage in demanding more from major emitters.