International Court of Justice Urges Stronger State Climate Action

The International Court of Justice (ICJ) issued a 140-page advisory opinion on July 23, 2025, declaring climate change a universal threat and affirming states’ duty to reduce emissions and adapt to climate change, framing a clean environment as a human right.

• Key rulings include: Germany’s 2021 Federal Constitutional Court decision recognizing climate protection as constitutional; the 2019 Urgenda case in the Netherlands mandating emission reductions; the 2024 European Court of Human Rights ruling favoring Swiss Climate Seniors on human rights grounds; and the 2025 Inter-American Court of Human Rights advisory opinion declaring climate protection a mandatory right under international law.
• Ongoing litigation: Cases against companies like RWE and Shell highlight challenges in proving liability; climate litigation against states generally has higher success rates. The ICJ opinion and other court decisions shape international climate law but lack binding force, emphasizing the judiciary’s role in setting legal frameworks while political action remains essential.