Historic milestone!

The advisory opinion published today by the International Court of Justice is historic. For the first time, the principal judicial organ of the United Nations presents a comprehensive and legally sound interpretation, based on several international treaties, of the obligations of States regarding climate change.

This is a milestone in international law, which not only paves the way for future accountability of countries for actions or omissions that violate these obligations, but can also serve as a basis for legal action at the national level, whenever governments are deemed to be failing to meet commitments made under international treaties.

The opinion's rationale follows a chronological approach, drawing on various legal instruments, such as the UN Charter, General Assembly resolutions, international treaties, and COP decisions, including those that established the goal of limiting the increase in global temperature to 1.5°C and the climate finance target.

Regarding the obligations of States, the existence of mitigation and adaptation duties is recognized, with additional obligations for Annex I countries of the Convention, based on the principle of common but differentiated responsibilities (CBDR), emphasizing their respective capabilities.

The 1.5°C target is recognized as legally binding, and the submission of NDCs is treated as an obligation of means, requiring good-faith international cooperation on the means of implementation (financing, capacity building, and means of implementation).

The Court emphasizes, based on international law, the duty of care to prevent threats to the environment and the climate system, and the connection of these obligations with other treaties, such as the Montreal Protocol, the Convention to Combat Desertification, the Convention on Biological Diversity, the Convention on the Law of the Sea, and human rights treaties.

Regarding the legal consequences, the Court emphasizes that its analysis is general and does not refer to the responsibility of specific States, but reaffirms that every internationally wrongful act generates responsibility, including obligations of cessation, guarantees of non-repetition, and full reparation (through restitution, compensation, satisfaction, or a combination thereof), provided that the causal link between the violation and the damage suffered is demonstrated, to be assessed on a case-by-case basis.

This chapter brings concrete details to countries' obligations regarding climate change and reinforces the relevance of climate law. And, of course, LACLIMA will continue to monitor it closely!

*Text by Andre de Castro dos Santos , technical director of LACLIMA.