Building a <i>Corpus Iuris Climatis</i> : Making Sense of the ICJ and the IACtHR Advisory Opinions on Climate Emergency

In 2025, the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR) delivered landmark advisory opinions that redefined the intersection between environmental protection, human rights, and climate governance. Although grounded in distinct mandates and legal traditions, both opinions engage with the same foundational principles of due diligence, prevention, cooperation, and intergenerational equity. Their reasoning also exposes deeper questions about the interaction between universal and regional jurisdictions, the role of scientific expertise in judicial interpretation, and the limits of legal imagination in confronting the global climate crisis. By tracing the convergences and tensions between these two judicial voices, the article explores whether international law is entering a new phase in its response to the juridification of the climate emergency.

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Publication Details

Journal
Environmental Policy and Law
Published
2025-11-24
DOI
https://doi.org/10.1177/18785395251397298
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

Building a Corpus Iuris Climatis : Making Sense of the ICJ and the IACtHR Advisory Opinions on Climate Emergency

Cecilia I Silberberg
Environmental Policy and Law
Environmental law and policy
article

Building a Corpus Iuris Climatis : Making Sense of the ICJ and the IACtHR Advisory Opinions on Climate Emergency

Cecilia I Silberberg
article en

Abstract

In 2025, the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR) delivered landmark advisory opinions that redefined the intersection between environmental protection, human rights, and climate governance. Although grounded in distinct mandates and legal traditions, both opinions engage with the same foundational principles of due diligence, prevention, cooperation, and intergenerational equity. Their reasoning also exposes deeper questions about the interaction between universal and regional jurisdictions, the role of scientific expertise in judicial interpretation, and the limits of legal imagination in confronting the global climate crisis. By tracing the convergences and tensions between these two judicial voices, the article explores whether international law is entering a new phase in its response to the juridification of the climate emergency.

Environmental Policy and Law
University of Belgrano (AR)
Openalex Percentile: Top 48%
Environmental law and policy
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