The International Court of Justice (ICJ) Advisory Opinion on the Obligations of States: climate justice needs a clear right to a clean and healthy environment

Abstract

On 23 July 2025, the International Court of Justice (ICJ) delivered its long-awaited Advisory Opinion on the Obligations of States in respect of Climate Change. The United Nations General Assembly submitted the request for the Opinion following a request from multiple member states seeking guidance on states’ obligations to address climate change. This article reflects on the ICJ’s Advisory Opinion, focusing on its treatment of the right to a clean and healthy environment. While the Opinion affirms the connection between environmental protection and the enjoyment of human rights, it refrains from explicitly recognising the right to a clean and healthy environment as a distinct norm of customary international law. This article argues that the omission weakens the Opinion’s potential to advance climate justice and accountability. It highlights the Court’s reliance on derivative framing, examining the political and doctrinal reasons for its caution, and underscores the significance of separate judicial opinions that affirm the right’s existence, substance and customary status. In doing so, it contends that the Advisory Opinion leaves the task of consolidation to states, domestic and regional courts, and future international jurisprudence.