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This briefing, published by the Center for International Environmental Law (CIEL) and partners, provides a structured 'Litigation Note' to help legal practitioners apply the International Court of Justice's (ICJ) July 23, 2025, advisory opinion (AO) on States' obligations regarding climate change. The document focuses specifically on the legal frameworks for remedies and reparations, detailing how the ICJ AO clarifies State responsibility for internationally wrongful acts related to climate harm and how these findings can be integrated into domestic, regional, and international litigation against both States and corporate actors.

This briefing, submitted by a coalition of civil society organizations to the Inter-American Court of Human Rights, argues that the current structure of the Loss and Damage Fund (LDF) established at COP28 fails to meet international human rights standards. The authors contend that states have a legal obligation to provide full reparation for climate-induced losses and damages, particularly based on historical emissions, and that the LDF's reliance on voluntary donations and its denial of legal liability undermine the right to justice for affected communities.