OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION)

The document asserts that because fossil fuels are the primary driver of climate change, States' duties to prevent transboundary harm and protect human rights necessitate a rapid phase-out of oil, gas, and coal. It argues that due diligence requires States to conduct environmental impact assessments (EIAs) that include downstream 'Scope 3' emissions, regardless of where they occur. Furthermore, it contends that State actions increasing fossil fuel reliance are presumptively contrary to international law and that the precautionary principle obliges States to prioritize proven emission reductions over speculative technologies like carbon capture and storage.

• The International Court of Justice cannot assess State duties regarding climate change without addressing fossil fuels, as they are the "overwhelming source of the greenhouse gas (GHG) emissions driving climate change".
• Customary international law's preventive principle obliges States to constrain fossil fuel activity to avoid "significant transboundary environmental harm" to other States and the global commons, including the atmosphere.
• States have an extraterritorial obligation under international human rights law to protect against foreseeable violations caused by climate change, which requires them to regulate fossil fuel production and use.
• The United Nations Convention on the Law of the Sea (UNCLOS) requires States to control marine pollution, a definition that encompasses GHG emissions from fossil fuels due to their effects on ocean chemistry and temperature.
• To meet the goals of the UNFCCC and the Paris Agreement, specifically limiting warming to 1.5°C, States must implement a "rapid and equitable phaseout of fossil fuel production and use".
• Due diligence requires States to perform Environmental Impact Assessments (EIAs) for fossil fuel activities that account for downstream 'Scope 3' emissions, even if those emissions occur extraterritorially.
• State conduct that increases reliance on fossil fuels—including authorizing, financing, or failing to regulate production—is "presumptively contrary" to their international legal obligations to prevent harm.
• The precautionary principle prohibits States from delaying effective climate action due to scientific uncertainty and requires prioritizing proven emission reductions over speculative measures.
• Speculative mitigation technologies, such as carbon capture and storage (CCS), carbon offset credits, and direct air capture (DAC), are deemed insufficient and potentially risky alternatives to the direct curtailment of fossil fuels.

APA

Center for International Environmental Law (2024). OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION). https://www.ciel.org/wp-content/uploads/2024/02/Amicus-Brief-ICJ-Defining-States-Climate-Obligations-Fossil-Fuels.pdf

Chicago

Center for International Environmental Law. OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION). 2024. https://www.ciel.org/wp-content/uploads/2024/02/Amicus-Brief-ICJ-Defining-States-Climate-Obligations-Fossil-Fuels.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION) |date=20 March 2024 |url=https://www.ciel.org/wp-content/uploads/2024/02/Amicus-Brief-ICJ-Defining-States-Climate-Obligations-Fossil-Fuels.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2024obligations, author = {{Center for International Environmental Law}}, title = {{OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE (REQUEST FOR ADVISORY OPINION)}}, institution = {Center for International Environmental Law}, year = {2024}, month = mar, url = {https://www.ciel.org/wp-content/uploads/2024/02/Amicus-Brief-ICJ-Defining-States-Climate-Obligations-Fossil-Fuels.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }