International and Inter-American Advisory Opinions on Climate Change: Some Thoughts on Human (Im)Mobility

Briard, Zoé;Courtoy, Marie
(2025) Cahiers de l’EDEM — (2025)

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The Inter-American Court of Human Rights (IACHR) and the International Court of Justice (ICJ) have both recently issued advisory opinions. The first, adopted on 29 May 2025, concerns the climate emergency and human rights. The second, dated 23 July 2025, relates to the obligations of States in respect of climate change. While both opinions address similar subjects, the approaches adopted by the courts differ significantly. This commentary aims to highlight points of convergence and divergence between them, as well as some of their contributions and shortcomings, specifically regarding the issue of human (im)mobility. This exercise is of particular interest in light of the advisory opinion requested on 2 May 2025 to the African Court on Human and Peoples’ Rights on the interpretation of its reference instrument in the face of the climate challenge.
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Briard, Z., & Courtoy, M. (2025). International and Inter-American Advisory Opinions on Climate Change: Some Thoughts on Human (Im)Mobility. Cahiers de l’EDEM. Published. https://hdl.handle.net/2078.5/273797 (Original work published 2025)