Inter-American Court of Human Rights (IACtHR)
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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Corte Interamericana de Derechos Humanos
Solicitud de Opinión Consultiva presentada por la República de Chile y la República de Colombia
Observaciones remitidas por el Centro Sur
Diciembre de 2023
In reference to the invitation extended by the Inter-American Court of Human Rights to submit amicus briefs in the matter of the Request for Advisory Opinion submitted by the Republic of Colombia and the Republic of Chile to the Inter-American Court of Human Rights (IACtHR or the Court) regarding the Climate Emergency and Human Rights. The South Center, an intergovernmental organization of developing countries, respectfully submits to the Inter-American Court of Human Rights the following amicus brief at the request of the Advisory Opinion submitted by the Republic of Chile and the Republic of Colombia.
These observations consider how the definition of shared and differentiated obligations and responsibilities in the legal regime related to climate change is linked to the obligations to cooperate and make reparations arising from the American Convention on Human Rights and the need to consider the right to life and survival of the most affected regions and populations in the various countries and in the region.
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