Climate related litigation continues to evolve, with
several recent landmark decisions shaping the global legal
landscape. In this update, we consider the broad trends in recent
climate litigation, and what to expect for 2026.
ICJ Advisory Opinion on the Obligations of States in respect of
Climate Change
On 23 July 2025, the International Court of Justice
(“ICJ”) delivered its unanimous
Advisory Opinion on the Obligations of States in respect of Climate
Change. Significantly, the ICJ found that countries'
international law obligations are not limited to those agreed to
under climate treaties (such as the Paris Agreement), but stem also
from duties under both human rights and customary international
law. The ICJ also found that failure to comply with those
obligations could expose countries to concrete legal risks.