A New Point of Departure: Reflections on the ICJ's Advisory Opinion on Climate Change

The ICJ Advisory Opinion on Climate Change (July 23, 2025) addresses key topics of international climate change law: The obligation of progression under the Paris Agreement, the right to a clean, healthy and sustainable environment and the issue of state responsibility for climate harm. This article points to the debate on these issues prior to the Advisory Opinion, summarizes the Court's approach and contextualizes its findings. While the Court did not reinvent international climate change law, the Opinion is a landmark case. Because the ICJ solved important conflicts of interpretation, the Opinion will serve as the new point of departure for future debates on climate change law.

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Publication Details

Journal
Environmental Policy and Law
Published
2025-12-08
DOI
https://doi.org/10.1177/18785395251404803
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

A New Point of Departure: Reflections on the ICJ's Advisory Opinion on Climate Change

Felix Lange, Julian Schophaus
Environmental Policy and Law
Environmental law and policy
article

A New Point of Departure: Reflections on the ICJ's Advisory Opinion on Climate Change

Felix Lange, Julian Schophaus
article en

Abstract

The ICJ Advisory Opinion on Climate Change (July 23, 2025) addresses key topics of international climate change law: The obligation of progression under the Paris Agreement, the right to a clean, healthy and sustainable environment and the issue of state responsibility for climate harm. This article points to the debate on these issues prior to the Advisory Opinion, summarizes the Court's approach and contextualizes its findings. While the Court did not reinvent international climate change law, the Opinion is a landmark case. Because the ICJ solved important conflicts of interpretation, the Opinion will serve as the new point of departure for future debates on climate change law.

Environmental Policy and LawVol. 56(1-2)
Max Planck Institute for Comparative Public Law and International Law (DE)
Openalex Percentile: Top 45%
Environmental law and policy
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