ICJ panel in session discussing legal obligations of states regarding climate change.
THE ICJ’S LANDMARK 2025 ADVISORY OPINION ON CLIMATE CHANGE
GISTICJ’s landmark 2025 advisory opinion on climate change. The hearings made by The International Court of Justice (ICJ) were concluded on December,2024.Many advisory opinions came into play. Climate change was one of the most concerning element. Opinions regarding the same were made in late 2025. |
KEY FACTORS
Vanuatu with many other small islands and small states which were developing started this movement. 96 countries and 11 international organizations participated in this initiative. Few Examples – U.S.A, Saudi Arabia, China.
RELEVANCE OF ICJ
It has never happened before that ICJ has ever addressed the climate change directly, but this time it really did address the climate change directly which actually requires environmental obligations and the ICJ is accountable for it.
| ELEMENT | DETAILS |
|---|---|
| Name | Climate Change – ICJ Advisory Opinion On State’s Obligation |
| Signed On | Adopted on 29th March, 2023 – UN General Assembly Resolution |
| Parties Involved | 9 countries and 11 international organizations |
| Nature | Authoritative |
| Sector | Climate Change and Environmental |
OVERVIEW
Climate change is something which has always impacted different vulnerable nations and vulnerable countries all around, ICJ got various requests by the UN General Assembly regarding advisory opinion, so that they can work upon clarifying the state’s legal obligations.
- Under International Law – State had many responsibilities in order to protect the environmental hazards as well as mitigate climate. These obligations are unable to be met due to various other legal consequences.
INDIA’S ROLE
In bellow following points India’s role is discussed in context with International Law:
- Participation – During the proceedings written statements were submitted by India which consisted and emphasized on the principles of differentiated responsibilities of the citizens and their equity.
- Reservations – Throwing some light on and giving importance to the developmental needs and historical emissions when obligations are being assessed.
- Strategies – Developmental priorities and environmental responsibilities need to have a balance between each other so that they are able to align with its climate policies.
LEGAL ASPECTS
The legal aspects are mentioned below:
- International Law – There are several treaties like the UNFCCC, Kyoto Protocol and Paris Agreement which seek to interpret obligations.
- Domestic Law – Domestic Jurisprudence and policy making can be easily influenced as the advisory opinions are non-binding in nature and may potentially impact the national climate legislation.
IMPACT
The Geo – political and economical impacts are discussed in the below given points:
- Sectors that would benefit – Small nations, small islands, the developing nations and vulnerable nations will be on a higher side and may gain stronger legal grounds.
- Issues– Pressures can be seen both legally and diplomatically in order to meet their climatic commitments.
- Global Impact – To influence and persuade climate negotiations and give shape to international climate.
CONCLUSION
The ICJ’s 2024 hearings marked a historic moment by directly addressing climate change obligations under international law.Initiated by Vanuatu and supported by 96 countries, the movement aimed to clarify states’ legal duties.India stressed equity, historical emissions, and the balance between development and environment. The advisory opinion, though non-binding, holds significant legal and policy influence. It strengthens the stance of vulnerable and developing nations in global climate negotiations.Overall, it sets a precedent for greater accountability and international cooperation on climate action.
SOURCE- ICJ
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WRITTEN BY: SNIGDHA
EDITED BY: NANCY SHARMA
