ICJ says that governments have actionable, binding climate change obligations

The International Court of Justice’s (ICJ)  advisory opinion on climate change concludes that:

• governments have continuing binding, legal obligations to protect the climate system and environment against greenhouse gas emissions; and
• a breach of those obligations has legal consequences, including providing compensation to injured parties.

Whilst the opinion is non-binding, it will carry significant weight and is likely to influence the outcome of  climate change claims internationally around the world.

• The latest data (see our LinkedIn post ) demonstrates that governments remain the greatest target for climate claims. This advisory opinion sends a signal to governments across the globe not to ‘row back’ from their climate change commitments in their ‘net zero’ policies and legislation.
• The opinion found that State duties arise not just from treaties but international law including human rights and environmental.
• Whilst the opinion addressed questions of State obligations it is likely to impact businesses too as governments take steps in response to the opinion and claimants look to use aspects of the opinion to support claims against corporates.
• The opinion makes clear that a sufficiently direct and causal link must be established between the wrongful act and injury. This is something that, to date, claimants have struggled to do against a particular corporate entity.