International Court Rules Climate Change Disputes Fall Under International Law Framework

In a landmark decision, the International Court of Justice (ICJ), the highest judicial body of the United Nations, has determined that governments are legally obligated to address their greenhouse gas emissions. This ruling has been welcomed by Pacific nations, who have long expressed frustration over the slow pace of global climate action.

At a press conference in The Hague, ICJ President Yuji Iwasawa stated that climate change is a “pressing and existential threat” clearly linked to human activity, with consequences that transcend national borders. This decision comes after years of advocacy, beginning with a group of Pacific Island university students in 2019 who were frustrated by the lack of meaningful action on the climate crisis.

The students' efforts gained support from the government of Vanuatu, which successfully lobbied the United Nations General Assembly to seek an advisory opinion from the ICJ on the obligations of states under international law in the context of climate change.

The ICJ’s 15 judges were asked to address two key questions: first, what actions are required of states under international law to protect the climate and environment; and second, what legal consequences would follow if governments failed to act — either through inaction or deliberate negligence — causing significant harm to the climate and environment.

During the two-hour advisory opinion session, President Iwasawa emphasized that under international law, states have clear obligations to reduce emissions, and that these obligations extend to individuals and corporations within their borders. He also noted that international environmental and human rights obligations apply to climate change, stating that environmental protection is a prerequisite for the enjoyment of human rights.

He warned that rising sea levels, desertification, and natural disasters could seriously undermine human rights, including the right to life, in certain regions.

To reach its conclusion, the judges reviewed tens of thousands of pages of written submissions and heard two weeks of oral arguments from over 100 countries and international organizations. They also examined the entire body of international law, including human rights conventions, the law of the sea, and the Paris Agreement, to determine whether states have human rights obligations in addressing climate change.

Some major emitters, such as the United States and China, argued in their submissions that existing frameworks like the Paris Agreement are sufficient. However, the ICJ ruled that states' obligations extend beyond climate treaties and apply to a wide range of international legal areas, including human rights law, environmental law, and laws limiting cross-border harm.

The court also addressed the concern of Pacific nations regarding the possibility of entire countries disappearing due to rising sea levels. It stated that the disappearance of a territory does not necessarily mean the loss of a state’s legal existence.

While the advisory opinion is not legally binding, advocates say it carries significant legal and political weight, potentially paving the way for future climate litigation. Individuals and groups may use the ruling to hold their governments accountable for inaction or negligence, while states could refer disputes to the ICJ for arbitration.

The opinion also provides a valuable reference for legislators and judicial systems in addressing climate-related issues, and may give small island nations greater influence in future UN climate negotiations and other mechanisms.

At a peaceful demonstration outside the Peace Palace in The Hague, dozens of climate activists from the Netherlands and other countries gathered. Among them was Siaosi Vaikune from Tonga, one of the original student advocates. He said, “Everyone has been waiting for this moment — it’s been six years of advocacy. People in regions directly affected by climate change have been seeking justice, and today’s ruling is a step in the right direction.”