Strengthening the Global Response to Climate Change and Sustainable Development: Reflections on the ICJ's Advisory Opinion

This contribution examines how the International Court of Justice (ICJ) approached the principle of sustainable development in its 2025 Advisory Opinion on Obligations of states in respect of climate change . The principle requires states to balance environmental, social and economic considerations so that both present and future generations can satisfy their basic needs. Yet, it offers little guidance on how this should be done. The Court was thus in a unique position to clarify how the balancing exercise should be conducted in the context of one of the international community's most pressing challenges, namely the fight against climate change. Although the Court did not engage with the principle in detail, this contribution argues that sustainable development underpins core determinations in the Advisory Opinion.

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Publication Details

Journal
Environmental Policy and Law
Published
2025-12-19
DOI
https://doi.org/10.1177/18785395251408002
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

Strengthening the Global Response to Climate Change and Sustainable Development: Reflections on the ICJ's Advisory Opinion

Daniëlla Dam‐de Jong
Environmental Policy and Law
Environmental law and policy
article

Strengthening the Global Response to Climate Change and Sustainable Development: Reflections on the ICJ's Advisory Opinion

Daniëlla Dam‐de Jong
article en

Abstract

This contribution examines how the International Court of Justice (ICJ) approached the principle of sustainable development in its 2025 Advisory Opinion on Obligations of states in respect of climate change . The principle requires states to balance environmental, social and economic considerations so that both present and future generations can satisfy their basic needs. Yet, it offers little guidance on how this should be done. The Court was thus in a unique position to clarify how the balancing exercise should be conducted in the context of one of the international community's most pressing challenges, namely the fight against climate change. Although the Court did not engage with the principle in detail, this contribution argues that sustainable development underpins core determinations in the Advisory Opinion.

Environmental Policy and LawVol. 56(1-2)
Leiden University (NL), International Institute for Asian Studies (NL)
Openalex Percentile: Top 42%
Environmental law and policy
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