Historic milestone!

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

This is a landmark 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 fulfill commitments made under international treaties.

The opinion is based on 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 target of limiting global temperature rise to 1.5°C and the climate finance target.

As for the obligations of States, the existence of mitigation and adaptation duties is recognized, with additional obligations for countries in Annex I 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 a means-based obligation, requiring good-faith international cooperation on the means of implementation (financing, capacity building, and means of implementation).

The Court highlights, based on international law, the duty of diligence to prevent environmental and climate system threats, 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 Law of the Sea Convention 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 to cease, guarantees of non-repetition and full reparation (through restitution, compensation, satisfaction or a combination of these) 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 concreteness to countries' climate change obligations and reinforces the relevance of climate law. And, of course, LACLIMA will continue to monitor this closely!

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