Join TERI’s Expert Panel: Unpacking the ICJ’s Groundbreaking Advisory Opinion on Global Climate Change Responsibilities

The Energy and Resources Institute (TERI) recently held a panel to discuss the International Court of Justice’s (ICJ) key Advisory Opinion on climate change, shared on July 23, 2025. This gathering aimed to explore how this critical opinion impacts global climate governance, national policies, and legal accountability.

Dr. Prodipto Ghosh, a distinguished fellow at TERI, moderated the session. He was joined by prominent experts, including Prof. Bharat Desai from the University of Bonn and Prof. Anirudh Rajput from National Law University, Delhi. Others included Ms. Anuradha R V from Clarus Law Associates and Advocate Jatinder Cheema from the Supreme Court of India. Each panelist brought unique insights into the discussion.

The ICJ’s Advisory Opinion asserts that climate change is a serious threat and states must take action—not just set targets. It emphasizes that ignoring climate change could lead to legal consequences. Notably, states are also responsible for regulating private sectors that impact the environment across borders.

Dr. Ghosh pointed out that this opinion could reshape international agreements and influence how countries handle climate-related laws. Prof. Desai described the opinion as a significant milestone, as it ties together obligations from various environmental treaties into one coherent interpretation. Prof. Rajput analyzed the implications using a framework he calls the “4Cs”—confirmation, consequence, constraint, and contradiction—highlighting concerns over the handling of the principle of Common but Differentiated Responsibilities (CBDR).

Ms. Anuradha R V raised an important concern about the consistent clash between environmental and trade laws. “We can’t view international laws in isolation,” she noted, emphasizing the need for a holistic approach to sustainability that balances economic and environmental needs.

Advocate Cheema reinforced the idea that dealing with climate change is a collective responsibility. He argued that the ICJ’s opinion serves not just as a legal document, but as a moral and ethical reflection of global actions needed against climate inaction.

Ambassador Manjeev Puri added that this opinion bolsters the push for fairness in international climate talks. However, he cautioned against misinterpreting legal opinions, particularly when considering the complex realities faced by developing countries. Meanwhile, Mr. R.R. Rashmi emphasized that while principles are clearly outlined in documents like the UN Framework Convention on Climate Change (UNFCCC), there’s still a challenge in ensuring fairness in how obligations are shared.

Moreover, a 2023 survey found that 70% of people surveyed believed that legal actions against firms causing environmental harm should be a priority for governments. This shows a growing awareness and urgency towards climate accountability among the public.

The panel concluded that the ICJ’s Advisory Opinion marks a pivotal moment in climate law, linking legal responsibilities directly to inaction on climate change. This shift is expected to influence international negotiations, drive national reforms, and strengthen the resolve to combat climate issues urgently.

By fostering informed discussions that blend legal, policy, and ethical perspectives, TERI reaffirms its commitment to leading in sustainable development and climate action.

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