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The document analyzes the ICJ's advisory opinion to argue that States must prioritize reducing greenhouse gas emissions at the source over speculative technologies like geoengineering and carbon offsets. It outlines how the ICJ's standards of 'stringent due diligence' and the 'precautionary principle' can be used in litigation to hold States and corporations accountable for ineffective climate strategies that delay the phase-out of fossil fuels.

The document analyzes the implications of the ICJ's advisory opinion on States' obligations to prevent environmental harm, specifically focusing on the cessation of fossil fuel subsidies and the regulation of private finance. It argues that States may commit internationally wrongful acts by continuing to fund fossil fuel production or failing to regulate private financiers. Additionally, it outlines binding obligations for developed States to provide financial assistance to developing countries for climate adaptation and mitigation under the UNFCCC and Paris Agreement. The briefing concludes by categorizing various types of climate litigation—including cases against public agencies, central banks, and private financial institutions—where these legal findings are applicable.

The document translates the ICJ's advisory opinion into practical tools for climate litigation, focusing on the 'stringent due diligence' States must exercise to regulate private actors, particularly in the fossil fuel industry. It highlights that States may be in breach of international obligations if they fail to prevent significant climate harm through the production, licensing, or subsidizing of fossil fuels. The brief also connects these findings to specific case categories, including licensing, duty to regulate, corporate frameworks, accountability for loss and damage, and greenwashing, emphasizing the 1.5°C temperature goal as a legal standard.