International Court of Justice Reviews Groundbreaking Statements on Climate Change

The International Court of Justice (ICJ) has received a record high of 91 member states and organizations' written statements regarding its advisory opinion on the obligations of states in respect of climate change. The court will determine the financial liability of countries for their contribution to climate change at the request of the United Nations General Assembly. This is the first time the Court has indicated that oral arguments will occur on this opinion, and the June 24 deadline for responses may be extended due to the record volume of written statements.

Key Takeaways

• The International Court of Justice has received a record high of 91 member states and organizations' written statements on the obligations of states regarding climate change.
• ICJ will determine the financial liability of countries at the request of the United Nations General Assembly and may extend the June 24 deadline due to the volume of responses.
• This marks the first time the Court has indicated that oral arguments will occur on this opinion, extending the final opinion issuance to around 2025 or 2026.
• The advisory opinion, although non-binding, will provide insight into future climate-related litigation and has sparked global attention and engagement in addressing climate change's legal obligations and financial liability.
• Lawyers highlight a sense of a new global order in climate litigation, emphasizing the end of vague net-zero pledges and signaling a warning to governments worldwide.

News Content

The International Court of Justice has received a record 91 written statements from member states and organizations regarding its advisory opinion on the obligations of states in respect of climate change. This marks the first time the Court has indicated that oral arguments will occur, with a June 24 deadline for responses. The UN requested the advisory opinion in March 2023, and with the record volume of statements, the final opinion may not be issued until 2025 or 2026, reflecting widespread global interest and concern.

The high level of engagement in this matter underscores its complexity and significance on an international scale, with lawyers noting a shift in climate litigation and governments receiving a warning about vague net zero pledges. This development reflects the global attention and engagement in addressing the legal obligations and financial liability of countries in the context of climate change.

Analysis

The record 91 written statements received by the International Court of Justice regarding its advisory opinion on climate change highlight the global interest and concern in addressing legal obligations. This reflects a shift in climate litigation and governments' awareness of the financial liability related to vague net-zero pledges. The high level of engagement signifies the complexity and international significance of the matter. The oral arguments and extended timeline for the final opinion indicate the substantial impact on member states, organizations, and global climate policies. Short-term consequences may include heightened legal scrutiny and pressure on governments, while long-term effects may shape future climate policy and financial responsibilities.

Did You Know?

• Advisory Opinion from the International Court of Justice: The International Court of Justice has received a record 91 written statements from member states and organizations regarding its advisory opinion on the obligations of states in respect of climate change. This marks the first time the Court has indicated that oral arguments will occur, with a June 24 deadline for responses. The UN requested the advisory opinion in March 2023, and with the record volume of statements, the final opinion may not be issued until 2025 or 2026, reflecting widespread global interest and concern.
• Climate Litigation and Net Zero Pledges: The high level of engagement in this matter underscores its complexity and significance on an international scale, with lawyers noting a shift in climate litigation and governments receiving a warning about vague net zero pledges. This development reflects the global attention and engagement in addressing the legal obligations and financial liability of countries in the context of climate change.