The Global Legal Landscape for Climate Action
The International Court of Justice (ICJ) is set to deliver an advisory opinion that could redefine the legal responsibilities of governments in addressing global warming. This decision may also outline potential consequences for polluters who contribute to climate harm, particularly in vulnerable nations.
This development follows a series of landmark international rulings that experts believe have the potential to significantly influence climate action. These decisions reflect a growing recognition of the role that law can play in driving environmental commitments and holding entities accountable.
How Has Climate Litigation Evolved?
Andrew Raine, deputy director of the UN Environment Programme’s law division, highlighted that frustration with the pace of climate action has led individuals, organizations, and countries to turn to the courts. When political systems fail to act, the law increasingly serves as a tool for enforcing commitments and pushing for more ambitious goals.
This trend has been supported by advancements in climate science, including reports from the Intergovernmental Panel on Climate Change (IPCC). As of the end of 2024, nearly 3,000 climate-related cases have been filed across 60 countries, according to data from the Grantham Research Institute and the Sabin Center for Climate Change Law.
Not all cases have been successful, and some have even attempted to hinder climate progress. However, several notable cases have prompted governments to take stronger action. For instance, in 2019, the Dutch Supreme Court ruled in favor of Urgenda, an environmental organization, ordering the government to reduce greenhouse gas emissions by 25% by the end of the following year.
In 2021, the German Constitutional Court found that the government’s insufficient efforts to cut pollution placed an unacceptable burden on future generations. These cases demonstrate how climate litigation is becoming more widespread and impactful.
The Role of International Courts
Raine noted that climate litigation is increasingly crossing borders, with 24 cases brought before international or regional courts, tribunals, or other bodies. This shift reflects the transboundary nature of the climate crisis and highlights the need for collaborative legal approaches.
Recent cases have been considered historic, shaping how courts, governments, and businesses understand their climate responsibilities. One such case involved the International Tribunal for the Law of the Sea, which issued an advisory opinion stating that carbon emissions can be considered a marine pollutant. It emphasized that countries have a legal duty to reduce their impact on oceans, beyond the scope of the Paris Agreement.
Another significant ruling came from the Inter-American Court of Human Rights, which reaffirmed the right to a healthy climate system and acknowledged the rights of nature. The court equated protection against irreversible climate harms with international prohibitions on genocide and torture, marking a strong statement on the legal obligations of states.
What Could Be the Impact?
Vanuatu, a low-lying island nation threatened by rising sea levels, has requested the ICJ to clarify the obligations of states to reduce emissions. More controversially, it has also asked about potential legal consequences for major polluters responsible for severe climate damage.
Cesar Rodriguez-Garavito, Professor of Law at New York University, described these questions as issues of global justice. They touch on the contentious topic of “reparations for climate harms” faced by those least responsible for emissions.
Although advisory opinions from the ICJ are not legally binding, they carry significant weight. Raine explained that they clarify how international law applies to the climate crisis, influencing national courts, legislative processes, and public discourse. While they do not force states to act, they show where the law stands and guide future actions.
