Advisory Opinions of International Courts on Climate Change: Standards for State Obligations

Abstract

Advisory opinions issued by international courts, although generally non-binding, have taken on a fundamental role in interpreting and defining states’ obligations regarding climate change. In this context, the Inter-American Court of Human Rights (IACHR), the International Tribunal for the Law of the Sea (ITLOS), and the International Court of Justice (ICJ) have established standards that guide states toward the prevention of significant environmental harm, international cooperation, and the adoption of mitigation policies. These rulings have reinforced the idea that climate change is a global problem that requires coordinated and solidarity-based responses.

This document analyzes how advisory opinions on climate change issued by international courts serve, first, as instruments that recognize the problem of the enjoyment of human rights in the context of climate change and, second, as sources that define the obligations incumbent upon States at the international level.