咨询意见
政治学
谈判
法学
背景(考古学)
国际法院
国家(计算机科学)
气候变化
舆论
政治
政治问题
国际法
赞同的意见
气候变化的政治经济学
司法意见
法律与经济学
气候正义
法律意见书
异议
公共行政
国际社会
经济正义
气候治理
条约
多数意见
可诉性
范围(计算机科学)
惯例
作者
Yann Kerbrat,Sandrine Maljean‐Dubois
摘要
Abstract In its landmark advisory opinion on States' obligations regarding climate change, the International Court of Justice (ICJ) tackled the highly contentious issue of the legal consequences of unlawful acts and State responsibility. While the Court adopted a more cautious approach on this matter than it did when interpreting States' primary obligations, it strategically avoided addressing certain questions, arguing that they could only be fully examined in the context of a specific dispute or a more targeted request for an advisory opinion. Despite this prudence, the Opinion delivered groundbreaking insights into the content and scope of States' climate obligations, thereby enhancing legal certainty in this area of international law. By adopting a progressive stance, the ICJ's Opinion lays the foundation for holding States accountable for their climate inaction. It has the potential to act as a catalyst for change, not only by reshaping climate negotiations but also by empowering climate litigation worldwide. Although the Opinion is not formally binding, its persuasive authority could significantly influence State climate policies, particularly at a time when many governments, and by extension businesses, appear to be backtracking on their commitments. In doing so, the ICJ's Opinion may well redefine the legal and political landscape of global climate governance.
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