Due Diligence
The Role of Advisory Opinions in Shaping International Climate Change Law
By Daniel Uribe Terán
This policy brief analyses how advisory opinions (AOs) from the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights (IACtHR) are fundamentally reshaping international climate law. These AOs are crystallising States’ climate commitments, transforming them from voluntary political pledges into binding legal obligations grounded in customary international law and human rights. This judicial shift establishes stringent, science-based due diligence standards, confirms State responsibility for harm, and provides a powerful legal foundation for accountability and reparation.
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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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