Healthy, sustainable climate 'is a human right', rules UN court

The International Court of Justice (ICJ) – recognised as the world’s highest court – has published a landmark legal decision today that “a clean, healthy, and sustainable environment” is a human right, confirming that big polluters must scale up efforts to address climate change under international law.  

This landmark advisory opinion was delivered earlier today (Wednesday) and denotes a turning point in international climate law.

The result of a multi-year campaign led by communities enduring unprecedented sea level rise, storm surges, and extreme heat amongst many other climate impacts, the decision places high-emitting states as well as the companies they are obliged to regulate officially on notice: “that polluting with abandon comes with a high moral and legal price,” says Client Earth.

“The consequences of climate change are severe and far-reaching: they affect both natural ecosystems and human populations. These consequences underscore the urgent and existential threat posed by climate change,” said the ICJ president, Yuji Iwasawa.

The ICJ was instructed to produce this document by the UN back in 2023, following years of campaigning led by a group of Pacific Island law students and diplomacy led by the Pacific Island nation of Vanuatu. Jotham Napat, the prime minister of Vanuatu has said this “was a turning point in the fight for climate justice.”

“This process has elevated the voices of climate-vulnerable nations, driven global awareness, and set the stage for stronger climate action,” said Napat. “This ruling will give us a foundation to build upon, and this moment will inspire continued efforts for stronger action and accountability, inspiring bold efforts to protect our planet.”

While advisory opinions are not actually legally binding, they are considered authoritative because they summarise existing law rather than create new law.