States’ Climate Change Obligations: the Importance of Advisory Opinions from International Courts

What is it about?

International courts play a crucial role in interpreting and applying international law, often contributing to its development. Recently, these courts have been asked to address climate change, with three advisory opinions requested from the International Court of Justice (ICJ), the Inter-American Court of Human Rights (IACtHR), and the International Tribunal for the Law of the Sea (ITLOS). These opinions aim to clarify states' obligations regarding climate change and the consequences of failing to meet them. Advisory opinions are unique as they provide forward-looking guidance rather than resolving specific disputes. International courts have historically contributed to the development of international law through their interpretations and rulings. Although their advisory opinions are not formally binding, they carry significant weight and influence future judicial decisions and state behavior. This chapter discusses how the advisory opinions on climate change present an opportunity to advance international climate law.

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Photo by Den Harrson on Unsplash

Photo by Den Harrson on Unsplash

Why is it important?

In this chapter we explain how advisory opinions of international courts can shape international law by clarifying the content of legal rules and principles and guiding future action. This is why the requests for advisory opinions on states’ climate change obligations represent a significant moment in international law. They offer a chance to strengthen the international legal framework for addressing climate change and promote more ambitious climate action by states and other actors.

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