The International Court of Justice (ICJ) in The Hague has affirmed the right to a “clean, healthy and sustainable environment” as a fundamental human right.
The court released a detailed advisory opinion on Wednesday, emphasizing the obligation of states to combat climate change and its associated impacts. While not legally binding, this significant assessment has the potential to mark a turning point in international climate law, subsequently influencing climate litigation efforts globally.
The opinion was triggered by a request from the island nation of Vanuatu, alongside over 130 other countries, seeking clarification on the issue of climate protection and the responsibilities of states. The UN General Assembly tasked the ICJ with producing this advisory opinion in 2023, aiming to define the legal obligations of states regarding the protection of the climate system and the resulting consequences. The document is expected to provide guidance on how international law views a state’s duty of care regarding environmental preservation.
