States’ Obligations to Climate Change: The ICJ’s Landmark Hearings

On December 2, 2024, the International Court of Justice began hearings on the obligations of States regarding climate change.[1] These hearings followed a request for an advisory opinion made in March 2023, subsequent to the unanimous adoption of resolution 77/276 by the UN General Assembly.[2] The resolution seeks to define States' responsibilities in addressing climate change, referencing various international treaties as its basis for determination.[3]

Understandably, small island nations such as Vanuatu were key actors in the drafting of the resolution, urging the high court to recognize the harm caused by climate change in its judgment on the legal obligation of countries to fight climate change and address the consequences of the countries contributing to global warming.[4] Small island nations are disproportionately affected by climate change’s harmful consequences, which have been exacerbated by emissions from high-polluting countries such as the US, Canada, Russia and China.[5] Small island nations, also referred to as Small Island Developing States (“SIDS”) face shared challenges in sustainable development.[6] These challenges include remoteness, small populations, dependence on ocean resources, reliance on imports, limited access to financing, and heightened vulnerability to the impacts of climate change.[7] Nations such as Belize, Guinea-Bissau, Guyana, and Suriname are among those classified as SIDS.[8] The combination of their geographic circumstances and developmental constraints has rendered these nations particularly vulnerable to external shocks and environmental changes.[9]

Although advisory opinions are not legally binding, they hold significant weight as authoritative interpretations of international law.[10] Under international law, the obligation of due diligence concerning climate change arises not only from relevant treaty regimes such as the Paris Agreement and the United Nations Convention on the Law of the Sea but also from customary international law, primarily through the duty to prevent harm.[11] For these reasons, even a non-binding decision on this issue can serve as a critical touchstone for states navigating climate change regulation. With the detailed written and oral submissions from SIDS members, dominant nations such as the United States now have an opportunity to deepen their understanding of the disproportionate global ramifications of activities such as drilling, deforestation, and high-emission practices.

States should not only strive to align their policies with the advisory opinion but also take concrete steps to institutionalize sustainable practices. This could include integrating climate justice principles into national policies, allocating resources to support the adaptation needs of vulnerable nations, and fostering international collaboration to accelerate renewable energy transitions. Additionally, states in favor of stronger climate action may find renewed leverage to advocate for enhanced global commitments, including stricter emission reduction targets and enforceable mechanisms for compliance. By acting decisively on the guidance provided by the advisory opinion, nations can collectively work towards a more equitable and sustainable future, ensuring that the interests of vulnerable populations and ecosystems are safeguarded for generations to come.

Haley Mack is a staff member of Fordham International Law Journal Volume XLVIII.

[1] See Rahel Helmhart, ICJ holds hearings on states’ legal obligations regarding climate change, JURISTNews, (Dec. 2, 2024, 7:55 AM), https://www.jurist.org/news/2024/12/icj-holds-hearings-on-states-legal-obligations-with-respect-to-climate-change/.

[2] Id.

[3] Id.; see G.A. Res. 77/276, at 2 (Mar. 29, 2023).

[4] See Stephanie van den Berg, Vanuatu urges World Court to recognise climate change harms, Reuters, (Dec. 2, 2024, 1:45 PM), https://www.reuters.com/business/environment/world-court-open-climate-change-hearings-2024-12-02/.

[5] Helmhart, supra note 1.

[6] See United Nations Development Programme, Small Island Developing States Are on the Frontlines of Climate Change – Here’s Why, UNDP Climate Promise, https://climatepromise.undp.org/news-and-stories/small-island-developing-states-are-frontlines-climate-change-heres-why (last visited Dec. 2, 2024).

[7] Id.

[8] Id.

[9] Helmhart, supra note 1.

[10] Id.

[11] See Written Statement of Mauritius, supra note 10, at 22.

This is a student blog post and in no way represents the views of the Fordham International Law Journal.