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May 8, 2026Netherlands International Law ReviewOpen Access

Wayfinders for Climate Change Action: The ICJ, ITLOS, and IACtHR Advisory Opinions on Climate Change

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Authors

DCDominic CoppensCouncil of Economic AdvisersNLNicolas LockhartWorld Trade Organization

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Overview

Advisory opinions address climate change responsibilities in international law, suggesting implications for regulation.

Key Points

  • This research examines the advisory opinions of three international courts on climate change obligations for States.
  • Analysis of advisory opinions from ICJ, ITLOS, and IACtHR on climate obligations.
  • Comparison of the convergence and differences in the courts' findings.
  • Examination of the legal standards proposed for mitigating climate change.
  • All courts agree on the duty to address climate change under international law.
  • ICJ emphasized the responsibility of States to regulate private emissions (specific obligations noted).
  • IACtHR defined more detailed actions regarding State responsibilities towards private actors.

Cite This Study

Coppens et al. (2026) studied this question.

synapsesocial.com/papers/69fd7f4fbfa21ec5bbf07cabhttps://doi.org/10.1007/s40802-026-00291-5
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