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ARTICLE · 28 AUGUST 2025

ICJ Issues Advisory Opinion On Climate Change: Implications For Public Authorities And Private Actors

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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On 23 July 2025 the International Court of Justice (ICJ) delivered its Advisory Opinion on the Obligations of States in Respect of Climate Change (the Advisory Opinion). In this blog...

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Nusrat Zar
Nusrat Zar
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James Wood
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Andrew Lidbetter
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Jasveer Randhawa
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James Barrett
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Victoria Gucciardi
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On 23 July 2025 the International Court of Justice (ICJ) delivered its Advisory Opinion on the Obligations of States in Respect of Climate Change (the Advisory Opinion). In this blog, we draw out key themes of the Advisory Opinion which are relevant to public authorities and the private actors who they regulate and whose rights they must respect.

Key points

  • The Advisory Opinion is not binding but sends a clear signal to States regarding their international law obligations concerning climate change.
  • The Advisory Opinion emphasises that State responsibilities are 'stringent' and that they have substantive and procedural obligations (eg with respect to Nationally Determined Contributions (NDCs) and Environmental Impact Assessments (EIAs)) which afford them limited discretion.

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