Explicating the ICJ Advisory Opinion on Obligations of States in respect of Climate Change
The International Court of Justice (ICJ) issued its landmark Advisory Opinion on the Obligations of States in respect of Climate Change on 23 July 2025, marking a pivotal moment in international climate law. The ICJ clearly acknowledged climate change as an existential threat to both humanity and the planet, highlighting the urgency for legal and policy actions. It pointed out that States have binding obligations under international law—not just aspirational goals—to prevent serious environmental damage, collaborate globally, safeguard human rights in relation to climate change, and other related matters. The key suggestion is to consider failure to act decisively or properly as an internationally wrongful act, which can lead to consequences under the law of state responsibility, in line with the principle of Common but Differentiated Responsibility. It also broadens the States' responsibilities to regulate private entities.
What are the normative and substantive implications of this advisory opinion? What bearing would it have on the interpretation of environmental law and agreements governing global climate governance? What implications might it have for the ambition in climate commitments of countries when they revise their NDCs? Will it create pressure on developed countries for scaling up their contributions to the Green Climate Fund and the Loss and Damage Fund? Does it strengthen or weaken the case for unilateral measures, such as CBAM? What does it mean for developing countries? What implications might it have on international trade? Does it open any new avenues for promoting climate justice in international negotiations? Would it have any trickle-down effect on national legal frameworks for climate change? Let’s hear from the legal experts and the climate negotiators.
Session Moderator: Dr Prodipto Ghosh, Distinguished Fellow, TERI
Speakers:
1. Prof Bharat Desai, Humboldt Award Professor, Institute of International Law, University of Bonn
2. Prof Anirudh Rajput, Distinguished Professor of Law, National Law University, Delhi
3. Ms Anuradha R V, Partner, Clarus Law Associates
4. Adv Jatinder Cheema, Advocate, the Supreme Court of India
5. Amb Manjeev Puri, Distinguished Fellow, TERI
6. Mr RR Rashmi, Distinguished Fellow, TERI