WHAT ABOUT THE RESPONSIBILITY OF STATES FOR CLIMATE CHANGE? A moral duty or legal obligation?

Fossil vs Future

The International Court of Justice (ICJ) – the world’s highest court – has issued its long-awaited advisory opinion on the obligations of States in respect of climate change. The Court confirmed that States have a legal duty to protect the environment from greenhouse gas emissions, for both present and future generations.

In this episode, Daisy asks James, an international environmental law expert, what this ruling really means – and why it matters. What exactly is an advisory opinion? How might it shape decision making? What happens next?

SOME RECOMMENDATIONS:

• ICJ (2025) – The Court’s Advisory Opinion on the Obligations of States in respect of Climate Change, requested by the UN General Assembly in 2023. It was asked to advise on two questions:

(1) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations?

(2) What are the legal consequences for States under these obligations when they cause harm to the environment?

• Pacific Island Students Fighting Climate Change (PISFCC) – A youth-led organisation that initiated the push for an ICJ advisory opinion on climate change.

OTHER ADVOCATES AND RESOURCES:

• Carbon Brief (2025) – Provides an overview of what the world court’s landmark opinion means for climate change.
• Financial Times (2025) – Philippe Sands calls the ruling a “coming of age” moment for writing environmental protection into the international legal order.
• Outrage + Optimism (2025) – In this podcast episode, Christiana Figueres, Tom Rivett-Carnac, and Paul Dickinson react to the advisory opinion and hear from two lawyers who helped make it happen.
• ICJ Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons (1996) – Paragraph 29 recognised a state’s obligation to respect the global environment.
• Alliance of Small Islands States (AOSIS) – An intergovernmental organization representing small island nations on climate issues.
• Stop Ecocide International – Leading the movement to make ecocide a crime.
• The Guardian (2025) – A fact check of Trump’s claims about “windmills” (wind turbines).

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Music: “Just Because Some Bad Wind Blows” by Nick Nuttall, Reptiphon Records. Available at https://nicknuttallmusic.bandcamp.com/album/just-because-some-bad-wind-blows-3

Producer: Podshop Studios

Huge thanks to Siobhán Foster, a vital member of the team offering design advice, critical review and organisation that we depend upon.

Stay tuned for more insightful discussions on navigating the transition away from fossil fuels to a sustainable future.