World Court to hold hearings in case that may define countries’ climate obligations

The UN’s top court will hear a case that could have huge implications for international law and the fight against climate change.

The International Court of Justice (ICJ) will hold public hearings starting on Dec. 2 in an advisory opinion case that was brought by the UN General Assembly in 2023.

At issue is whether large states that contribute to greenhouse gas emissions can be held liable for damages caused to small island nations that are particularly vulnerable to the impacts of climate change.

While the ICJ’s opinion is not a binding international law, it could have a significant impact on the climate negotiations and the development of international law in general. A ruling by the ICJ is expected in 2025 and could be cited in thousands of climate-driven lawsuits pending in courts around the world.

So far, 62 countries and organizations have submitted written comments on the case, including Australia, Brazil, the European Union, Grenada, Japan, Micronesia, the Philippines, Seychelles, United Kingdom, United States, and Vanuatu.

The ICJ’s opinion will be the latest in a series of international court rulings on climate change. In May 2024, the International Tribunal for the Law of the Sea ruled that greenhouse gases are marine pollution and that countries have a duty to protect the oceans.