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In a recent breakthrough, the International Court of Justice (ICJ) issued a historic advisory
opinion affirming that states are legally obligated under international law to combat climate
change. This marks a major turning point in recognising the environment—and specifically, the
right to a clean, healthy, and sustainable environment—as a fundamental human
right.
Although advisory opinions are not legally binding, this ruling carries high moral and persuasive
legal weight. It’s expected to shape future climate litigation, national policy frameworks, and
global efforts to hold states accountable.

What Did the ICJ Decide?

On July 23, 2025, the ICJ unanimously concluded that states have due diligence
obligations to prevent climate harm, including regulating private actor emissions. It explicitly recognised that inaction on climate change, especially by major emitters, can amount to an internationally wrongful act. Affected states may seek reparations. The Court reaffirmed that a healthy environment is intrinsically linked to the enjoyment of other human rights.

Why This Is So Important Globally

Climate litigation is booming: Courts and tribunals—from the European Court of Human Rights to ITLOS— are increasingly handling environmental cases. This ICJ opinion sets a higher legal standard.
Policy pressure rises: While ICJ rulings aren’t binding, states may feel compelled to revise climate laws to avoid future legal exposure.
Business implications: Corporations and investors may face new legal risks as governments strengthen regulatory frameworks informed by this ruling.

Legal and Practical Challenges Ahead

Proving causation and responsibility remains difficult—linking emissions from one
country to discrete harm in another is often complex.
Major emitters like the U.S. and China have not recognised ICJ jurisdiction,
complicating enforcement efforts.
Political and institutional resistance: Some countries may resist accountability or delay
legal reforms to fit domestic pressures.

Conclusion: A Turning Point for Climate Justice

This ICJ advisory opinion represents a transformative moment in international law. It frames
climate change not just as an environmental problem, but a legally actionable human rights
crisis. While non-binding, the ruling strengthens the legal grounds for affected nations to pursue
justice, demands greater state accountability, and boosts the momentum for global climate
action.