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This article investigates the role of general principles of law in shaping the international climate change framework as reflected in the ICJ's Climate Change Advisory Opinion.

March 16, 2026Review of European Comparative & International Environmental LawOpen Access

The international climate change regime and general principles of law

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Authors

RDRenatus Otto Franz DerlerUniversity of Cambridge MAMads AndenasUniversity of Oslo

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Implication

The Climate Change Advisory Opinion highlights general legal principles' role in enhancing climate law, suggesting stronger normative frameworks.

Key Points

This article investigates the role of general principles of law in shaping the international climate change framework as reflected in the ICJ's Climate Change Advisory Opinion.
Analyzed the Climate Change Advisory Opinion by the International Court of Justice (ICJ)
Documented State acknowledgment of general principles of law in climate change law
Examined principles like common but differentiated responsibilities and intergenerational equity
Discussed the IPCC's influence on the normative development of climate law
ICJ emphasized general principles of law as crucial to environmental protection.
States recognize general principles as foundational in the climate change regime.
ICJ's systematic approach aimed at enhancing the obligations associated with climate law.
Normative contributions from IPCC support the integration of general principles into legal reasoning.

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Derler et al. (2026) studied this question.

synapsesocial.com/papers/69b79ea18166e15b153ac2f7 https://doi.org/10.1111/reel.70038

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Implication

The Climate Change Advisory Opinion highlights general legal principles' role in enhancing climate law, suggesting stronger normative frameworks.

The international climate change regime and general principles of law

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Member takes

Implication

Key Points

Cite This Study

The international climate change regime and general principles of law

Discussion

Member takes

Implication

Key Points

Cite This Study

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