WORLD COURT'S LANDMARK CLIMATE RULING: VICTORY FOR JUSTICE AND GLOBAL SOUTH

Opinion

- PROF. ABHINAV MEHROTRA & DR. BISWANATH GUPTA

In a historic advisory opinion, the International Court of Justice (ICJ) has declared that States have a legal obligation to protect the environment from greenhouse gas (GHG) emissions. The ruling marks the first time the world's highest court has clearly linked climate action to both environmental treaties and human rights law. The opinion came at the request of United Nations Member States. It was welcomed by the UN Secretary-General, who hailed it as "a victory for our planet, for climate justice, and for the power of young people to make a difference." The Court's reasoning draws heavily on States' commitments under international law, stating that the protection of a clean, healthy, and sustainable environment is a precondition for the enjoyment of fundamental human rights, including the rights to life, health, food, and water.

WHAT THE RULING SAYS While the ICJ has two primary roles that are resolving disputes between States and issuing non-binding advisory opinions, its pronouncements carry persuasive authority. In this case, the Court concluded that States must take due diligence measures to curb GHG emissions and must cooperate internationally to fulfill this obligation. If they fail, they may be required to cease wrongful conduct, provide assurances of non-repetition, and make full reparation where appropriate.