ICJ Hearings in Advisory Proceedings on Obligations of States in Respect of Climate Change

The oral hearings in the International Court of Justice (ICJ) advisory proceedings to clarify obligations of States in respect of climate change will take place in December 2024, at the Peace Palace in The Hague, the Netherlands, the seat of the Court.

On 29 March 2023, the UN General Assembly (UNGA) adopted a resolution (A/RES/77/276), spearheaded by Vanuatu and backed by more than 100 countries. In it, the Assembly requests the ICJ to give an advisory opinion on the following questions:

• What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic greenhouse gas (GHG) emissions for States and for present and future generations?
• What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to: a) States, including small island developing States (SIDS), which, due to their geographical circumstances and level of development, are injured or specially affected by, or are particularly vulnerable to, the adverse effects of climate change? b) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?

The Court received 91 written statements and 63 written comments from States and authorized international organizations, and 98 States and 12 international organizations have indicated they intend to participate in the oral proceedings.

While not legally binding, the advisory opinion is expected to clarify States’ rights and obligations, providing a clear legal benchmark and removing any ambiguity surrounding countries’ obligations under international law in respect of climate change.

The SDG Knowledge Hub is working to raise awareness and build momentum and knowledge around the ICJ advisory opinion on obligations of States in respect of climate change and to promote a better understanding of the implications of the advisory opinion among sustainable development decision makers. The relevant publications are available here.

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