From Courts to Kilowatts – How the International Court of Justice’s Advisory Opinion on Climate Change Can Drive Global Energy Access and Climate Resilience

International courts and tribunals have a unique opportunity to address the fragmentation of international law relating to climate change, sustainable development and the global energy transition. Following a decade of national and regional courts interpreting states’ climate obligations, international tribunals are now being called upon. The United Nations General Assembly’s (UNGA) request for an advisory opinion on climate change from the International Court of Justice (ICJ) on 29 March 2023 presents a pivotal moment to enhance coherence in the interrelated fields of climate change, sustainable development and energy access.

This research offers a unique analysis of the advisory opinion and its implications for achieving universal energy access, highlighting the ICJ’s role in strengthening climate resilience and influence global energy policies. By examining climate jurisprudence and the ICJ’s role, this research argues that the ICJ’s opinion could provide authoritative guidance, encouraging states to align energy policies with climate obligations while ensuring equitable access to energy resources.