legal note: The request for an Advisory Opinion from the International Court of Justice on the Obligations of States in respect of climate change
“In its Resolution 77/276 of 29th March 2023,[1] the United Nations General Assembly (UNGA) submitted a request for an Advisory Opinion (Request) to the International Court of Justice (ICJ), asking the Court to provide guidance on State obligations to ensure the protection of the climate system for both States and present and future generations, as well as on the legal consequences of significant harm to it. The present legal note addresses Question (a) of the Request:
“(a) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations”.
In doing so, the note will also refer to some of the concepts mentioned in Question (b), notably: “people and individuals of the present and future generations” and Small Island Developing States…”
Main artwork: Kelly Daniels