Analysis Request for an Advisory Opinion from the International Court of Justice on the Obligations of States in Respect of Climate Change

The document argues that States have a legal obligation under international climate change law and human rights law to implement effective, science-based measures to mitigate climate change, specifically through the phase-out of fossil fuels and the regulation of non-state actors. It asserts that failure to do so constitutes an internationally wrongful act, triggering responsibilities for cessation of harm and full reparation, including financial compensation for loss and damage.

• Scientific consensus establishes that fossil fuels are the primary driver of climate change, accounting for an estimated 86% of anthropogenic greenhouse gas emissions over the last decade.
• To limit global warming to 1.5°C, the IPCC projects that the global use of coal, oil, and gas must decline by median values of approximately 95%, 60%, and 45% respectively by 2050 compared to 2019 levels.
• State obligations under international human rights law (IHRL) and the international climate change framework are co-applicable and complementary, meaning States must protect individuals from climate-related human rights violations.
• Effective State action must include a commitment to phase out fossil fuels, the regulation of non-state actors (including extraterritorial corporate activities and the entire value chain), and the avoidance of reliance on unproven technological solutions.
• Reliance on carbon offsetting, geoengineering, and carbon capture and storage (CCS) is characterized as a high-risk or 'speculative' approach that may undermine necessary deep emissions reductions.
• Under the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), States that cause significant harm to the climate system are obligated to cease the wrongful conduct and provide full reparation, which may include restitution and financial compensation.
• Scientific 'source attribution' methods now allow for the quantification of individual State contributions to global warming and specific extreme weather events, providing a basis for determining legal liability.

APA

ClientEarth (2024). Analysis Request for an Advisory Opinion from the International Court of Justice on the Obligations of States in Respect of Climate Change. https://www.clientearth.org/media/izql2ghp/icjao_clientearth_final.pdf

Chicago

ClientEarth. Analysis Request for an Advisory Opinion from the International Court of Justice on the Obligations of States in Respect of Climate Change. 2024. https://www.clientearth.org/media/izql2ghp/icjao_clientearth_final.pdf.

Wikipedia

{{cite report |author=ClientEarth |title=Analysis Request for an Advisory Opinion from the International Court of Justice on the Obligations of States in Respect of Climate Change |date=May 2024 |url=https://www.clientearth.org/media/izql2ghp/icjao_clientearth_final.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{clientearth2024analysis, author = {{ClientEarth}}, title = {{Analysis Request for an Advisory Opinion from the International Court of Justice on the Obligations of States in Respect of Climate Change}}, institution = {ClientEarth}, year = {2024}, month = may, url = {https://www.clientearth.org/media/izql2ghp/icjao_clientearth_final.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }