Halftone Climate Justice in The Hague: The Choice for an Ambitious but Formalistic Interpretation of International Law
(2025) Cahiers de l’EDEM — (2025)
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- Abstract
- The advisory opinion of the International Court of Justice (ICJ) on climate change is historic: in terms of the level of participation in the proceedings, the unanimity of the verdict, and the operative part in many respects. Preventing significant harm to the climate system, notably through the reduction of greenhouse gas emissions, and cooperating to this end are recognised as customary obligations, erga omnes, engaging the responsibility of States and giving rise to reparation. By bringing the case before the ICJ, the small island developing States, which initiated the United Nations General Assembly resolution, are raising an issue common to humanity but particularly affecting them. However, climate justice, which underpins the request, is treated in a formalistic and depoliticised manner. The issue of human mobility, which will arise in unique ways for these States but will also be part of all States’ responses to climate change, is also addressed superficially.
- Affiliations
KU Leuven Public Law
Citations
Courtoy, M. (2025). Halftone Climate Justice in The Hague: The Choice for an Ambitious but Formalistic Interpretation of International Law. Cahiers de l’EDEM. Published. https://hdl.handle.net/2078.5/273795 (Original work published 2025)