State Obligations on Climate Change: Historic Hearings at the ICJ 

On March 29, 2023, the UN General Assembly adopted a resolution requesting the ICJ to issue an advisory opinion on two key options:

• What are the obligations of States under international law to ensure the protection of the climate system from greenhouse gas emissions for present and future generations?

• What are the legal consequences of these obligations for States that cause significant damage to the climate system, particularly concerning small island developing states and present and future generations affected by the adverse effects of climate change?

This resolution, initiated by Vanuatu in 2021, marks a historic turning point for international law and the fight against climate change. Following the disappointment of COP29 in Baku, where commitments were deemed insufficient by many Global South countries, the recourse to the ICJ is seen as the only way to obtain legal calrity on States obligations regarding climate protection.

This process is exceptional, with a record participation of 97 States and eleven international organizations in the hearings.

The hearings, held from December 3 to 13, 2024, represent a unique opportunity for vulnerable nations, especially small island states, to establish a stronger framework of accountability for addressing the impacts of climate change.

Although the ICJ’s advisory opinion is not legally binding, it holds a significant legal value and substantial moral authority, which can influence national and international decision-making, guide State action and illuminate future climate-related litigation. The aim is to develop legal obligations beyond the framework of the Paris Agreement, which has been widely criticised. UN Secretary-General António Guterres emphasized that this opinion could inspire bolder climate actions, addressing the urgent need for climate justice.