In an article for Law.com International, Partner James Rogers, Special Counsel Ronan O’Reilly, and Associate Connor Gray, all based in our London office, analyze the International Court of Justice's (ICJ) unanimous advisory opinion clarifying states' obligations under international law to protect the climate system and prevent climate damage.
The article examines the ICJ's key findings on two critical questions: what obligations states have under international law to protect the climate system from greenhouse gas emissions, and what legal consequences arise when states fail to meet these obligations.
"The opinion makes it clear that states that continue to issue new fossil fuel explorations licences will face the greatest legal exposure," the authors write. They explain how the ICJ rejected the position of many developed states that climate treaties should be the exclusive source of binding climate obligations, confirming instead that all states have duties under customary international law regardless of treaty participation.
The authors highlight the ICJ's confirmation that injured states or individuals are entitled to "full reparation for the damage caused" through restitution or compensation, noting that while calculating climate damages presents challenges, the court "left the door open for awards of compensation on an exceptional basis."
"The opinion is a powerful reminder that climate action is not merely a matter of policy preference but a binding legal obligation under international law," the authors conclude.
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