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The ICJ’s Advisory Opinion on Climate Change: Key Takeaways from the 2024 Hearings (Part 1)

Law Columbia

The UNGA requested the ICJ render an opinion on the following questions: (a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gasses (GHG) for States and for present and future generations?

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State Responsibility and the ICJ’s Advisory Opinion on Climate Change: One Step at a Time

Law Columbia

While question (b) is the one that speaks directly to the law of State responsibility, the answer to question (a) also has considerable bearing on this issue. That is because the law of State responsibility does not, itself, set out the content of “primary” rules, such as the obligations arising for States under the Paris Agreement.

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The Struggle against Fossil Sovereignty: The International Court of Justice in the Climate Crisis

Law Columbia

We note that the concept of sovereignty is an enigmatic one, often used to refer to a factual entity, somehow located behind the law. We thus also employ the concept of fossil sovereignty to highlight the relative independence of the fossil-friendly legal infrastructure vis-a-vis political interference. 4 of the Paris Agreement.

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The Czech Climate Case: Uncertainty after the Case’s Dismissal

Law Columbia

The plaintiffs claimed unlawful interference under the Code of Administrative Justice, given that the government had failed to take mitigation and adaptation measures as required under the Paris Agreement, resulting in harm to the plaintiffs human rights.

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Africa’s Advisory Opinion Request: Taking Climate Justice to the Continent’s Highest Court

Law Columbia

The request follows similar initiatives at the International Tribunal for the Law of the Seas (ITLOS, see here and here ), the International Court of Justice (ICJ, see here and here ), and the Inter-American Court of Human Rights (IACtHR, see here ). 4, African Charter), the right to health (art. 4, African Charter), the right to health (art.

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Human Rights in the ICJ’s Climate Opinion: A Comparative Evaluation

Law Columbia

Both opinions address human rights law, embedding human rights in a broader overarching framework of international law that also includes international climate treaties and customary international law. The States involved in the ICJ climate advisory proceedings did not dispute climate change’s impact on human rights.

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Looking Ahead to Climate Litigation in 2025: Progress, Challenges, and Opportunities

Union of Concerned Scientists

In both cases, the DOJ sided with local governments, arguing that their claims against fossil fuel companies for misleading the public about climate harms should proceed under state law. Shell case, for instance, the Dutch courts upheld the ruling that Shell must act to reduce emissions in line with the Paris Agreement.