Less child labour and a court statement in favour of climate protection | D+C - Development + Cooperation

Advisory opinion in favour of climate protection

It is a historic statement by the International Court of Justice (ICJ): states must take action against climate change in accordance with applicable international law. If countries fail to do so, for example by continuing to rely on fossil fuels, they are in breach of international law.   

It was students from a region that is already one of the worst affected by the climate crisis worldwide who initiated the advisory opinion: the Pacific Islands Students Fighting Climate Change (PISFCC). Vanuatu then secured the decisive vote in the UN General Assembly in 2023, which led to the court being called upon.  

The advisory opinion addresses existential threats to island states such as Vanuatu. It states that if entire territories disappear as a result of rising sea levels, this does not mean that these countries lose their statehood. In addition, smaller states that are particularly affected by climate change can invoke the advisory opinion to demand measures from industrialised countries.  

The opinion itself is not legally binding. However, it interprets existing obligations under international law that are indeed binding, such as those arising from customary international law. The report is therefore also relevant to countries that are not party to the Paris Climate Agreement, such as the US.   

Another important point is the finding that a clean, healthy and sustainable environment is a human right. The report thus becomes a promising starting point for concrete climate lawsuits worldwide.