Erga omnes and erga omnes partes obligations in the International Court of Justice’s Climate Change Advisory Opinion

Abstract The Climate Change Advisory Opinion’s engagement with, and clarification of, the erga omnes and erga omnes partes character of certain obligations relating to climate change is significant, both on its own terms and in relation to available processes for their enforcement. The Opinion’s confirmation that States owe these obligations to the international community as a whole—or to all other parties to the relevant climate treaties—helps to clarify and solidify the legal framework for the protection of the climate and the environment. Although this is a development that had broadly been anticipated in the literature, the Court’s holding is meaningful in the light of its role in the development of international law. The Advisory Opinion cannot, of course, resolve the legal and political challenges of global climate governance, but its recognition of erga omnes obligations in this context is a welcome reminder of the shared interests at stake. As the effects of climate change continue to unfold unevenly across the world, the affirmation of collective obligations concerning protection of the climate cements an important shift in the legal architecture available to address this most urgent challenge.