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

The document asserts that international law provides no basis to restrict State climate obligations to present generations. It argues that the rights of future generations are rooted in the UN Charter, various international environmental agreements, and the jurisprudence of the ICJ and other international bodies. The submission emphasizes that the principles of prevention and precaution require States to act now to avoid irreversible climate harm and warns against relying on speculative future technologies to meet mitigation targets. It includes the Maastricht Principles on the Human Rights of Future Generations, which provide a framework for the obligations of States and non-State actors to ensure intergenerational justice.

• The obligations of States in relation to climate change apply to both present and future generations, and there is no legal basis in international law to limit these obligations to those currently living.
• The rights of future generations and the principle of intergenerational equity are established across multiple sources of international law, including the UN Charter, at least 42 international environmental agreements, and the jurisprudence of the International Court of Justice.
• The principles of prevention and precaution are critical in the climate context; the duty to prevent foreseeable harm extends to future generations and requires proactive action to minimize risks even in the face of scientific uncertainty.
• States must not delay immediate climate action by relying on unproven or speculative technologies for future greenhouse gas removal, as this shifts a disproportionate mitigation burden onto future generations.
• The Maastricht Principles on the Human Rights of Future Generations define future generations as those who do not yet exist but will inherit the Earth, including persons, groups, and peoples.
• Intergenerational discrimination occurs when States waste or unsustainably use essential resources, shift the burden of present crises to the future, or value future lives and rights less than those of the present generation.
• National constitutions in 81 out of 196 countries explicitly mention future generations, with 57 of those specifically recognizing environmental rights or the State's duty to guarantee a healthy environment for them.

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-Rights-Future-Generations.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-Rights-Future-Generations.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-Rights-Future-Generations.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-Rights-Future-Generations.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }