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International Court of Justice delivers landmark Advisory Opinion on climate change

31/07/25

On 23 July 2025, the International Court of Justice (ICJ) issued its landmark historic Advisory Opinion on the Obligations of States in respect of Climate Change.

The proceedings arise out of a request by the UN General Assembly in March 2023. In its detailed opinion, the Court addresses States’ international law obligations on climate change. The Court noted the devastating effects of climate change, including on human populations and biodiversity.

Importantly, the Court rejected the argument that the Paris Agreement and the law on climate change is lex specialis. Adopting a corpus iuris approach, it held that, in addition to obligations under the climate change treaty regime, States have additional obligations under customary international law, international human rights law and other relevant treaties.

As regards other international treaties, the Court concluded at [129]: “Gven their close connection with the issue of climate change and their complementary relationship, the Court considers that the ozone layer treaties, the Biodiversity Convention and the Desertification Convention form part of the most directly relevant applicable law”.

As for the content of the obligations, the Court gave a detailed opinion on states’ obligations under the various sources of international law. Duties including mitigation and adaptation duties; the duty of due diligence; and the duty to restore. The Court also doncidered obligations arising in respect of biodiversity at paras 324-335.

The Court also addressed the legal consequences arising out of States’ failure to meet their international obligations. This included remedies of cessation, guarantees of non-repetition and reparations in the form of restitution or compensation to States suffering damage as a result of climate change.

A copy of the Advisory Opinion is available here.

A copy of the summary is available here.

The judgment has been heavily reported in the press.

Emilie Gonin and Ali Al-Karim acted for WWF on the specific issue of biodiversity (Instructed by and co-counsel with Naomi Briercliffe and Chip Rosenberg of Squire Patton Boggs). Ali Al-Karim also advised a number of participating states on the issue of climate displacement.

All members of Brick Court Chambers are self employed barristers. Any views expressed are those of the individual barristers and not of Brick Court Chambers as a whole.