The advisory proceedings on climate change before the International Court of Justice

Climate change, a crisis of unprecedented magnitude, is presenting novel challenges to the edifice of international law, and law more broadly. Legal scholars and practitioners worldwide are engaged in a complex exercise of reimagining and sometimes reviving legal norms to address this crisis. These efforts are most visible in the numerous judgments resulting from a global wave of climate litigation. Courts and other judicial authorities around the world are combining knowledge, skills and imagination to engage with the legal questions surrounding climate change. Landmark decisions have been rendered by judicial and quasi-judicial bodies, both domestically and at the international level.[1] Simultaneously, virtually all United Nations (UN) bodies and agencies, notably including the UN Human Rights Council, have addressed climate change as part of their respective mandates.
In this rapidly evolving landscape, the UN General Assembly’s (UNGA) request for an advisory opinion from the International Court of Justice (ICJ/Court) on climate change, encapsulated in UNGA Resolution 77/276,[2] stands out as a significant milestone. The adoption of this historic resolution signals the need for greater clarity on international obligations and responsibilities concerning climate change, as a critical matter of international law.
The purpose of this contribution is to provide some early reflections on the Obligations of States in Respect of Climate Change advisory proceedings before the ICJ, at a stage where these proceedings are still pending. We start by reflecting on the process leading up to the request. Building on this, we discuss the questions posed to the Court under UNGA Resolution 77/276 and situate these within the broader trajectory of the Court’s jurisprudence. Ultimately, we aim to provide a nuanced understanding of the ICJ’s role, as the ‘principal judicial organ’ of the UN in interpreting and shaping international law in response to the global climate crisis.[3]