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Litigation Note on Remedies and Reparations
The document distills the International Court of Justice (ICJ) 2025 advisory opinion to assist practitioners in seeking climate-related remedies. It establishes that State responsibility for climate harm is governed by customary international law and can trigger a full range of legal consequences, including cessation, non-repetition, and reparation (restitution, compensation, and satisfaction). The note clarifies that a plurality of contributors does not exempt individual States from responsibility and that scientific evidence allows for the determination of each State's total contribution to global emissions. It further outlines how these findings apply to human rights cases, corporate accountability litigation, and inter-State proceedings.
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Document type: Guide