Opening the doors: Legal consequences of breaching international climate obligations in the ICJ Advisory Opinion on climate change

Abstract In its landmark advisory opinion on States' obligations regarding climate change, the International Court of Justice (ICJ) tackled the highly contentious issue of the legal consequences of unlawful acts and State responsibility. While the Court adopted a more cautious approach on this matter than it did when interpreting States' primary obligations, it strategically avoided addressing certain questions, arguing that they could only be fully examined in the context of a specific dispute or a more targeted request for an advisory opinion. Despite this prudence, the Opinion delivered groundbreaking insights into the content and scope of States' climate obligations, thereby enhancing legal certainty in this area of international law. By adopting a progressive stance, the ICJ's Opinion lays the foundation for holding States accountable for their climate inaction. It has the potential to act as a catalyst for change, not only by reshaping climate negotiations but also by empowering climate litigation worldwide. Although the Opinion is not formally binding, its persuasive authority could significantly influence State climate policies, particularly at a time when many governments, and by extension businesses, appear to be backtracking on their commitments. In doing so, the ICJ's Opinion may well redefine the legal and political landscape of global climate governance.