Advisory Opinion

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Right to Life in the ICJ Advisory Opinion on Climate Change

September 12, 2025

Martin Scheinin

The ICJ Advisory Opinion of 23 July 2025 on states' obligations in respect of climate change is, for many reasons, pathbreaking. Some of such features pertain to international human rights law. Ramindo Perera discussed one aspect, the ICJ's recognition of the right to a clean and healthy environment as a 'new' human right. Here, I am seeking to highlight an important contribution made by the ICJ in relation to a 'classic' human right, namely the right to life. One small paragraph in the Advisory Opinion reads:…

Foregrounding Displacement in the Treaty on the Protection of Persons in the event of Disasters

September 11, 2025

Jane McAdam

Thomas Mulder

This week, the leaders of the Pacific Island States will have their annual meeting at the Pacific Islands Forum to discuss key issues impacting the region. In recent years, leaders have adopted significant regional declarations and frameworks concerning the impacts of climate change and disasters, including the 2023 Declaration on the Continuity of Statehood and the…

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A Follow-Up on the ICJ’s UNRWA Advisory Opinion

October 27, 2025

Marko Milanovic

In my previous post, I discussed the bottom line of the ICJ’s UNRWA advisory opinion – essentially the Court’s finding that Israel’s obligations under IHL, IHRL and the UN Charter compelled it not to obstruct UNRWA’s work, in the particular circumstances of the occupied territories. I did not discuss in that post the…

The Bottom Line of the ICJ’s UNRWA Advisory Opinion

October 23, 2025

Marko Milanovic

Yesterday, the International Court of Justice delivered its advisory opinion on the Obligations of Israel in relation to the Presence and Activities of the United Nations, Other International Organizations and Third States in and in relation to the Occupied Palestinian Territory – which primarily deals with Israel’s ban on the operation of UNRWA, but also…

Treaty Interpretation in the ICJ’s Opinion on the Right to Strike

May 28, 2026

Julian Arato

Justina Uriburu

On 21 May 2026, the International Court of Justice delivered its advisory opinion on the Right to Strike under ILO Convention No. 87. The question before the Court was whether the Freedom of Association and Protection of the Right to Organise Convention, 1948 (Convention No. 87) protects…

When Advice Should Have Turned Binding: A Missed Opportunity

June 1, 2026

Pranay Lekhi

On 21 May 2026, the International Court of Justice gave its advisory opinion on the Right to Strike under ILO Convention No. 87. By ten votes to four, the Court concluded that the right to strike of workers and their organisations is protected under ILO Convention No. 87 – one of the ILO’s eight “fundamental” Conventions. …

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Right to Life in the ICJ Advisory Opinion on Climate Change

Foregrounding Displacement in the Treaty on the Protection of Persons in the event of Disasters