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Sustainability AffairsClimatePolicy

States have binding obligations to protect the climate system, the court advises

White ice on body of water during daytime, Iceland
@shawnanggg · Unsplash

In brief

The ICJ's advisory opinion finds that a State's failure to take appropriate action to protect the climate system may be an internationally wrongful act. The Court names fossil fuel production, consumption, exploration licences and subsidies as examples.

On private actors, it sets a due-diligence standard:

A State may be responsible where, for example, it has failed to exercise due diligence by not taking the necessary regulatory and legislative measures to limit the quantity of emissions caused by private actors under its jurisdiction.

International Court of Justice, advisory opinion on climate change obligations
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