Exploring the ICJ Climate Change Advisory Opinion: A Progressive Leap in International Law (Part I)

On July 23, 2025, the International Court of Justice (ICJ) issued a significant Advisory Opinion (AO) addressing international law and climate change. This marked a cautious but progressive step for the Court, known for its traditional views. The AO emphasizes climate change as a crucial issue, reshaping international legal discussions in a world facing political instability and legal indifference from powerful states.

The Court’s decisions highlight the need for a unified approach to international law, moving away from fragmented interpretations. Instead of viewing different branches of law as separate, it encouraged cross-pollination between them. This unifying perspective reinforces the importance of cooperation among nations to tackle climate change effectively.

Let’s explore some key conclusions from the Court’s opinion, particularly regarding states’ obligations and the potential legal consequences of violating climate-related agreements.

International Obligations on Climate Change

One of the standout points is that international climate law must align with “the best available science” (para. 74). The Court relied heavily on findings from the Intergovernmental Panel on Climate Change (IPCC), emphasizing the verified severity of climate impacts. In fact, just weeks prior to the ruling, discussions in media outlets like El Espectador criticized other courts for overstepping their bounds in scientific assessments. In contrast, the ICJ recognized the urgent need for action based on concrete scientific evidence.

The Court’s opinion stresses that climate obligations involve comprehensive interpretations of existing treaties, such as the Paris Agreement and the Montreal Protocol. States now bear the responsibility of actionable commitments, and failure to cooperate will lead to legal accountability. Recent trends show that states are increasingly recognizing their historical responsibilities and the urgent need for cooperative action.

For instance, the agreed target for limiting global temperature rise is now set at 1.5°C, a stricter requirement compared to previous understandings. States are expected to submit clear, systematic reports on their greenhouse gas reductions, making these obligations both measurable and enforceable.

Legal Consequences of Violating Obligations

The AO clarifies the consequences of failing to meet climate obligations. The Court reiterated that existing international laws governing state responsibility still apply. This means states could face repercussions for failing to adhere to climate agreements. Interestingly, the Court established that these obligations are owed to the entire international community, allowing any country to seek accountability if another fails to comply.

What’s more, the Court indicated that corporations also bear responsibilities related to climate change. It stressed that states must legislate to ensure corporate activities align with climate goals. This recognition of corporate responsibility aligns with recent trends, where corporations are seen as influential actors in global climate action.

The implications of this advisory opinion are profound. For small island nations affected by rising sea levels, the Court clarified that their statehood remains intact, even if their territories shrink. This challenges traditional notions of statehood tied to defined geography, signaling a shift in how international law may adapt to climate realities.

In summary, the ICJ’s Advisory Opinion represents a crucial development in international climate law. It not only sets clearer obligations for states and corporations but also fosters a more integrated approach to legal interpretations, enhancing the fight against climate change. As we move forward, these emerging legal standards will likely shape the global response to one of the most pressing challenges of our time.

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