Request for an Advisory Opinion on the Obligations of States in Respect of Climate Change (2023)

On 29 May 2023, the GA requested from the ICJ an opinion on the obligations of States in respect of climate change (A/RES/77/276). In 2023, spearheaded by the Pacific Island nation of Vanuatu and the support of over 130 countries, resolution 77/276 recognized that climate change “is an unprecedented challenge of civilizational proportions and that the well-being of present and future generations of humankind depends on our immediate and urgent response to it” (ibid.). It requested an opinion on “the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations”, and “the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment” (ibid.).¹ The GA recalled a July 2022 resolution on the human right to a clean, healthy and sustainable environment (A/RES/76/300), as well as a December 2022 resolution on the protection of the global climate for present and future generations (A/RES/77/165). Further, the resolution expressed “serious concern that the goal of developed countries to mobilize jointly $100 billion per year by 2020 in the context of meaningful mitigation actions and transparency on implementation has not yet been met” (A/RES/77/276).

During the 79th session, on 23 July 2025, the ICJ issued a unanimous advisory opinion in response to the two questions posed by resolution 77/276.² The Court found that “States have a duty to prevent significant harm to the environment” and a “duty to co-operate with each other in good faith to prevent significant harm to the climate system and other parts of the environment”.³ This includes the obligation under the Paris Agreement on climate change to limit global warming to 1.5°C above pre-industrial levels. Breaches of States’ obligations laid out by the advisory opinion were found to constitute an “internationally wrongful act”, the consequences of which may oblige States to cease the wrongful actions or omissions, provide “assurances and guarantees of non-repetition”, and/or provide “full reparation to injured States in the form of restitution, compensation and satisfaction”.⁴

On 20 May 2026, the GA adopted resolution 80/263 welcoming the ICJ’s advisory opinion and calling upon States to comply with obligations identified by the Court (A/RES/80/263, paras. 1, 2).⁵ The GA also requested the Secretary-General to submit a report on ways to advance compliance with the Court’s findings during the 82nd session and decided to include follow-up on the advisory opinion as an agenda item of its 83rd session (ibid., paras. 10, 11).