The Limits of Advisory Opinions in the Pursuit of Climate Justice through International Courts

Abstract: In March 2023, the United Nations General Assembly adopted Resolution 77/276, requesting an International Court of Justice (ICJ) advisory opinion (AO) on State responsibility for climate change. Many scholars have expressed skepticism about the impact of advisory proceedings on countries' compliance with international climate obligations. Based on a review of past ICJ AOs, we concur that these judicial statements have had marginal effects on State behavior, which is important when forecasting the ability of international courts to compel States to take climate action. However, an overlooked factor is the limited role of science in previous ICJ AOs, which will be a critical consideration for future international climate litigation. This article thus identifies two urgent needs. The first is an exposition of how the ICJ should evolve its approach to science by both increasing its role in future AOs and better accounting for diverse forms of knowledge. The second is for the Court to deliver an AO that clearly establishes State responsibility to protect present and future generations against climate change.