This discussion paper examines the International Court of Justice’s 2025 Advisory Opinion on States’ obligations in relation to climate change and assesses its significance for future generations. It explores how the Opinion strengthens the legal foundations of climate action by clarifying duties to protect the climate system, enhance mitigation ambition, and ensure accountability for climate-related harm under international law.
At the same time, the paper offers a critical analysis of the Opinion’s limitations, particularly in its treatment of intergenerational equity, the precautionary principle, and the rights of Indigenous peoples and land-based communities. It highlights the absence of a fully articulated legal framework for future generations as rights-bearing subjects, despite the Opinion’s references to both present and future populations.
Overall, the paper situates the ICJ Advisory Opinion within broader debates on climate justice and international law, assessing both its transformative potential and the legal and normative gaps that remain for ensuring long-term protection of people and planetary systems.
Access "Implications of the ICJ’s Advisory Opinion on State Obligations around Climate Change for Future Generations" here.
