Legal Consequences of Obligations Erga Omnes in the Context of Climate Change: Some Observations on State Responsibility in the ICJ Advisory Opinion on Climate Change

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Authors: Yoshifumi Tanaka
Cited by: 1

Abstract

Abstract Notably, the International Court of Justice (ICJ), in its advisory opinion of 2025, recognized the erga omnes character of the obligations pertaining to the protection of the environment from anthropogenic greenhouse gas emissions. The interpretation of the ICJ could potentially open the way for community interest litigation to invoke state responsibility for an alleged breach of obligations relating to climate change. At the same time, an international court or tribunal will face the particular issues of state responsibility regarding climate change. Thus this article examines in particular three issues: (1) the erga omnes character of obligations relating to climate change, (2) the locus standi to invoke state responsibility in the context of climate change, and (3) temporality, attribution, causation, and reparation in state responsibility for an alleged breach of obligations relating to climate change.

Fields of Study & Subjects

Environmental law and policy Climate Change and Geoengineering Corporate Law and Human Rights

Publication details

Journal / source
Climate Law
Publisher
Walter de Gruyter GmbH
Volume
16
Issue
1-2
Pages
309–332
Publication date
1 June 2026
Language
EN