The International Court of Justice (ICJ) in The Hague has formally recognized the right to a “clean, healthy and sustainable environment” as a fundamental human right. The ruling, published on Wednesday, represents a significant development in international environmental law and could have far-reaching implications for climate litigation worldwide.
The ICJ issued the comprehensive advisory opinion in response to a request initiated by the island nation of Vanuatu, supported by over 130 other countries. The request specifically sought clarification on the legal obligations of states in relation to climate change mitigation and the consequences of failing to address the environmental crisis.
The United Nations General Assembly tasked the Court with the opinion in 2023 to examine the legally binding commitments states hold regarding the protection of the climate system. While the advisory opinion itself is not legally binding, it establishes a precedent and provides a framework for interpreting existing international law and considering future legal challenges related to environmental protection. The ruling underscores the responsibility of nations to actively combat climate change and mitigate its impacts, setting a potentially transformative course for international climate action.