The International Court of Justice makes history on climate change: States have a duty to prevent significant harm
Joyeeta Gupta On 23rd July 2025, the International Court of Justice issued its unanimous advisory opinion on climate change, to the case referred to it by the UN General Assembly. However, individual judges went beyond the consensus to also make specific points. This simplified summary highlights the key unanimous decisions: While, the advisory opinion is explicit on state responsibility, the adoption of 1.5℃ as the main consensus temperature target, and the kind of remedies available, it did overlook a few issues, which the declarations and statements of individual judges clarify. For example, the Right to Development is not really addressed, although both the Principles under the Climate Change Convention were mentioned as well as Human Rights instruments. Moreover, there was little reference to trade and investment law, although one of the judges emphasizes the challenges of investment law for climate action (e.g. regulatory chill). Some judges wanted a more detailed exploration of what ‘stringent due diligence’ means in terms of fossil fuel. They state: “Thus, the stringent due diligence obligations to implement such NDCs and to prevent significant transboundary harm require States to adopt and enforce regulations consistent with reducing global dependence on fossil fuels, including by phasing out production and use of fossil fuels and subsidies and transitioning away from fossil fuels, inter alia, by taking account of downstream consequences and regulating in a manner that does not undermine global co-operation.” There is also some critique about the hesitation of the unanimous opinion to go beyond saying that harm to others is not allowed to also say who is more vulnerable to harm and who is causing the harm. To watch the judgement, go to: THE HAGUE – The International Court of Justice (ICJ) delivers its Advisory Opinion on the Obligations of States in respect of Climate Change | UN Web TV See also: https://www.volkskrant.nl/buitenland/internationaal-gerechtshof-landen-zijn-verplicht-alles-te-doen-tegen-beangstigende-klimaatverandering~bfa58eb0/