International Court of Justice

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Apportioning Historical Responsibility After the ICJ’s Climate Advisory Opinion: From Principle to Practice

When the International Court of Justice (ICJ) delivered its Advisory Opinion on Obligations of States in Respect of Climate Change on 23 July 2025, commentators rightly called it a watershed for international environmental law. The Court unanimously confirmed that the customary rules of State responsibility, as reflected in many respects in the ILC’s Articles on State Responsibility (ARSIWA) (para. 407), apply in full to climate harm, rejecting the argument that the climate treaties displace general international law (paras. 171, 420) (see Uriburu and Arato’s discussion of this holding here). It also recognised States’ obligations to protect the climate system as erga omnes, opening standing to invoke responsibility to every State, not only those specially affected (para. 442) (for a critical reading, see here).

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The ICJ’s Unwritten Rulebook: Regional Succession and Institutional Equilibrium

For almost eighty years, United Nations Member States have behaved as if a mandate required them to maintain regional continuity in elections to the International Court of Justice. Yet, the Court's Statute contains no such rule. Article 9 requires only that the Court, taken as a whole, represent “the principal legal systems and civilizations of the world”;…

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Two Weeks in Review: 13—24 July 2026

The last fortnight has seen commentators focus primarily on conflict, climate, and immigration. A mini-symposium has ranged over a number of legal questions raised by a potential Russia-Ukraine peace treaty: from  VCLT rules on treaty validity and security guarantees, to free economic zones and the question of the reconstruction of Ukraine through seized assets of the Russian Central…

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International Courts Against the Defunding of Climate Science? Revisiting the ICJ’s Climate Change Advisory Opinion

Introduction The first eighteen months of the second Trump administration have witnessed a sustained assault on scientific infrastructures enabling understanding of anthropogenic climate change. This has taken the form of cuts to national science agencies; freezes and dramatic reductions in grants to universities; and attempts to…

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Concluding the Normative Synergy on State Continuity: The ILC, the General Assembly and the Climate Advisory Opinion

A month ago, the United Nations General Assembly took a position significantly less ambiguous than the ICJ on a question of existential importance to island States threatened by climate-induced sea-level rise. Referring to the Climate Change Advisory Opinion, it recalls that the Court “found that, once a State is established, the disappearance of one of its constituent elements…

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