What The World Court's Landmark Opinion Means For Climate Change

In a historic and sweeping advisory opinion, the International Court of Justice (ICJ), the highest legal body of the United Nations, has declared that countries have binding legal obligations under international law to address climate change and can be held accountable for failing to act.

- Daisy Dunne, Josh Gabbatiss & Molly Lempriere

The court unanimously ruled that fossil fuel production and emissions "may constitute an internationally wrongful act," and that states causing climate-related harm could face legal consequences, including reparations.

Though not legally binding for individual governments, the opinion is binding on UN agencies and will carry considerable political and legal weight globally, especially in domestic courts and climate negotiations. It is the strongest international legal statement to date affirming the responsibility of states to protect the climate and opens a path for vulnerable nations and communities to pursue accountability and compensation.

A Youth-Led Legal Campaign Becomes a Global Movement

The case began with 27 students at the University of the South Pacific in Fiji in 2019. Through a group called Pacific Island Students Fighting Climate Change (PISFCC), they lobbied Pacific leaders to bring the issue of climate justice to the world's top court. Their campaign gained traction, and in 2021, the government of Vanuatu took the lead in a global diplomatic effort to seek an advisory opinion from the ICJ.

Vanuatu's initiative gained widespread support, starting with unanimous backing from the 18-member Pacific Islands Forum and eventually growing to include 105 nations from across continents. On 29 March 2023, the UN General Assembly adopted a resolution formally requesting the ICJ's opinion. It asked the court to consider two pivotal questions: What are the legal obligations of states to protect the climate system under international law? What are the legal consequences if states, by their actions or inaction, cause significant harm to the climate? The court was also asked to pay particular attention to the rights of vulnerable states, communities, and future generations.

Unprecedented Legal and Scientific Engagement