Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC)

Climate Policy Brief 29, 14 November 2025

Leveraging the ICJ Opinion to Secure a Just Climate Future for the South during COP30

By Daniel Uribe Terán

The 30th Conference of the Parties (COP30) in Belém converges with the recent International Court of Justice (ICJ) Advisory Opinion on Climate Change, creating a critical inflexion point for global climate action. This policy brief analyses how the ICJ Opinion has the potential to reframe climate commitments, transforming them from political aspirations into legally binding obligations. The Opinion establishes objective standards for ‘due diligence’, integrates the CBDR-RC principle as a legal criterion for ambition, and inextricably links climate action with human rights. The ICJ Opinion confirms that a breach of these obligations triggers a duty of ‘full reparation.’ This policy brief recommends a strategy for developing countries to leverage this new legal framework at COP30.

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