From Advisory Opinions to Binding Norms: The Judicial Cascade Shaping Global Climate Obligations (ITLOS 2024 – ECHR 2024 – ICJ 2025)

This paper examines the evolving “judicial cascade” in international climate change law through a comparative analysis of three landmark decisions: the ITLOS Advisory Opinion on Climate Change (2024), the ECHR climate judgments (2024), and the ICJ Advisory Opinion on Climate Change (2025). It explores how these rulings collectively shape binding obligations for States, facilitate cross-regime harmonisation, and influence domestic climate litigation. The study integrates doctrinal analysis with emerging empirical evidence from diverse jurisdictions, including Africa and Asia, highlighting both opportunities and limitations in translating advisory opinions into enforceable norms.