Abstract The International Court of Justice's Advisory Opinion on climate change marks a fundamental moment in the evolution of international law. For many years, the scope and content of State's obligations in relation to climate change remained contested and ambiguously framed, and now, the Court's engagement has offered unprecedented clarity, affirming that State's obligations are not just confined to the climate change treaty regime but also extend into the realm of customary international law and human rights law. What is especially significant is the Court's explicit recognition that the impacts of climate change directly implicate a wide range of fundamental human rights. While the Advisory Opinion is seen as ground-breaking, it has been criticized for its vagueness on human rights obligations in climate change. Rather than focusing on these limitations, this study adopts a constructive, forward-looking approach, exploring how the Court's reasoning can be effectively used to support future climate litigation.
Yasmine Luhandjula (Fri,) studied this question.