ICJ publishes advisory opinion on States’ climate change obligations
The International Court of Justice (ICJ) has published its advisory opinion on the obligations of States in respect of climate change. The ICJ unanimously held that climate change treaties, including the United Nations Framework Convention on Climate Change, the Kyoto Protocol, and the Paris Agreement, impose binding obligations on States parties to protect the climate system and the broader environment from anthropogenic greenhouse gas emissions. It further concluded that under international human rights law, States must respect and ensure the effective enjoyment of human rights by taking necessary measures to safeguard the climate and environment. The ICJ emphasised that any breach of these obligations by a State constitutes an internationally wrongful act that entails State responsibility. The responsible State remains under a continuing duty to fulfil the breached obligation. Legal consequences of such wrongful acts may include: (a) cessation of the wrongful actions or omissions, if ongoing; (b) provision of assurances and guarantees of non-repetition of wrongful actions or omissions, if required by the circumstances; and (c) full reparation to affected States through restitution, compensation or satisfaction, provided that the general conditions of the law of State responsibility are met.