The pursuit of environmental justice: the adjudicative role of advisory opinions of creating obligations on States in respect of climate change

Currently, there are pending requests for advisory opinions regarding State obligations on climate change before both the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (IACtHR). Additionally, the International Tribunal for the Law of the Sea (ITLOS) recently issued its advisory opinion on Climate Change and International Law on 21 May 2024. This article aims to compare these requests, analysing their contextual backgrounds and the extent of States’ involvement in the advisory proceedings. The aim is to examine the jurisdictional scope and future prospects of the proceedings before the two courts and the tribunal by exploring the distinct normative, practical and political strategies shaping each request. Furthermore, the article assesses how these factors influence the framing of the requests for advisory opinions and shape the contributions received by interested States. By providing a holistic analysis of these legal interpretations, the author evaluates the potential impact of the aforementioned opinions on the future behaviour of States and the development of international law. Ultimately, this analysis aims to inspire the progress of strategic climate change litigation and inform about potential enhancements in the interpretation and development of future international agreements.