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The ICJ’s application of customary international law to climate change mitigation

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Analysis of ICJ's advisory opinion highlights state duties and compliance methods for climate protection.

This analysis explores how the ICJ applies customary international law to climate change mitigation and the associated state duties.
Examined the ICJ's Advisory Opinion on climate change.
Interpreted the customary duties recognized by the Court.
Discussed potential methods for courts to assess state compliance.
The ICJ established a duty to prevent significant harm to the climate system.
States have specific obligations under customary international law regardless of climate treaty participation.
Indicia may be used to evaluate whether a state is making consistent efforts towards compliance.

Benoit Mayer (2026) studied this question.

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