"States are obligated to ensure the protection of the climate and environment" (ICJ)

The International Court of Justice (ICJ) issued its first-ever advisory opinion on the obligations of States in regards of climate change, on 23/07/2025 in La Haye (Netherlands).

The opinion aims to determine the obligations States have to protect the climate and the legal consequences that result when they fail to do so.

Judge Iwasawa Yuji, President of the ICJ, outlined that:

• The 1.5°C limit under the Paris Agreement is recognised by the ICJ as legally binding.
• Climate change is a universal risk to all States and GHG emissions are not limited to territories; therefore, the response needs to be global and States must protect the climate collectively in good faith.
• Due diligence duties of States apply to climate-change cases and the duty to cooperate is a central obligation of States.
• Principles of the Human Rights Law are guiding principles in the area of climate change, including the right to live in a healthy and safe environment, and the intergenerational equity.
• Obligations of States regarding mitigation and adaptation include the obligation to deliver national plans…