Climate Justice and the Right to Development: A RtD Analysis of the ICJ Oral Hearings on Climate Change

In December 2024, the International Court of Justice convened a series of oral hearings in The Hague (International Court of Justice, 2024) to solicit an advisory opinion on States’ legal obligations regarding climate change. In this historic context, the Group of Advocates for the Right to Development (GARtD) are analyzing the proceedings from a Right to Development (RtD) perspective. This analysis not only interrogates how the ICJ is framing its assessment of State responsibilities but also reflects on several interrelated themes—such as ensuring fair and inclusive negotiation outcomes, identifying limitations in existing climate finance mechanisms (including the Loss and Damage framework), operationalizing self-determination and sovereignty over natural resources,promoting equality development opportunities and equitable resource distribution ,and enhancing accountability mechanisms for climate commitments. With the ICJ’s non-binding advisory opinion expected later this year—and given renewed momentum toward the potential adoption of a legally binding international covenant on the Right to Development by the UN General Assembly—this analysis is both timely and relevant.