A New Era of Climate Accountability? How the International Court of Justice’s Climate Change Advisory Opinion May Influence Australian Domestic Climate Change Decision-Making and Litigation

In July 2025 the International Court of Justice (ICJ) handed down its landmark advisory opinion on the obligations of states in respect of climate change. The unanimous opinion is multifaceted and builds upon the growing canon of climate change jurisprudence that has emerged from three decades of domestic, regional and international climate change litigation across the world. This article explores how the ICJ’s opinion may be implemented in domestic climate change decision-making and how it may influence climate change litigation. Through a focus on the opinion’s potential impact in Australia, and by reviewing how the Paris Agreement has to this point influenced climate change decision-making and litigation, this article finds that the ICJ’s authoritative findings present opportunities for ambitious climate decision-making, fresh avenues for potential climate litigants, and greater prospects for climate accountability.

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Publication Details

Journal
Environment Science and Policy for Sustainable Development
Published
2026-11-02
DOI
https://doi.org/10.1080/00139157.2026.2726108
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
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article

A New Era of Climate Accountability? How the International Court of Justice’s Climate Change Advisory Opinion May Influence Australian Domestic Climate Change Decision-Making and Litigation

Brian J. Preston, Joshua Gracie
3 links
Environment Science and Policy for Sustainable Development
Environmental law and policy
article

A New Era of Climate Accountability? How the International Court of Justice’s Climate Change Advisory Opinion May Influence Australian Domestic Climate Change Decision-Making and Litigation

Brian J. Preston, Joshua Gracie
article en

Abstract

In July 2025 the International Court of Justice (ICJ) handed down its landmark advisory opinion on the obligations of states in respect of climate change. The unanimous opinion is multifaceted and builds upon the growing canon of climate change jurisprudence that has emerged from three decades of domestic, regional and international climate change litigation across the world. This article explores how the ICJ’s opinion may be implemented in domestic climate change decision-making and how it may influence climate change litigation. Through a focus on the opinion’s potential impact in Australia, and by reviewing how the Paris Agreement has to this point influenced climate change decision-making and litigation, this article finds that the ICJ’s authoritative findings present opportunities for ambitious climate decision-making, fresh avenues for potential climate litigants, and greater prospects for climate accountability.

Environment Science and Policy for Sustainable DevelopmentVol. 68(6)
Climate action, Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Environmental law and policy
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