AV����Ƶ

ICJ Advisory Opinion on Climate Change

Photo: Seat of the International Court of Justice in the The Hague (via )

Just yesterday, we witnessed the landmark advisory opinion issued by the International Court of Justice (ICJ), in which the Court established that obligations arise not only from climate-specific treaties but also from customary international law, human rights law, the law of the sea, and other environmental treaties.

We can highlight some key obligations for States, such as mitigating greenhouse gas emissions and adapting to climate impacts. Therefore, States should act with stringent due diligence and cooperate in good faith, including through financial support, technology transfer, and capacity building.

The Court also emphasises that the COP decisions reflect the Parties’ agreement, particularly regarding the temperature goal. The Court considers the 1.5°C threshold, established based on the “best available science,” to be the primary temperature goal for limiting global temperature increases under the Paris Agreement.

Finally, it is essential to note that the Court has acknowledged the responsibility of States to respect and protect human rights, including the human right to a clean, healthy, and sustainable environment.

Professor Makane Moïse Mbengue’s involvement in advisory opinion procedures is significant, having represented and advised the African Union in the proceedings before the ICJ. Prof. Mbengue’s plea to the African Union during the oral pleading phase in December 2024 is available here: . The time stamp for this recording is 2:22:10.

Dr. Elena Cima, lecturer at the Institute for Environmental Sciences, has also been involved in these proceedings, notably in partnership with Sidley Austin LLP. Elena Cima provided her expertise to the government of Antigua and Barbuda throughout the procedure.