01/08/2025
On 23 July 2025, the International Court of Justice (ICJ) issued a landmark advisory opinion on the Obligations of States in Respect of Climate Change. This opinion was issued in response to a 2023 United Nations General Assembly resolution requesting the Court to clarify the responsibilities of States under international law to combat climate change.
This is one of the most significant legal developments in the global fight against the climate crisis, explicitly affirming that states have obligations not only to their own citizens but also to future generations.
A Youth-Led Global Campaign
The request for an advisory opinion was motivated by the determination of young people from the Pacific Islands, led by the Pacific Islands Students Fighting Climate Change movement. Their campaign arose from the lived reality of rising sea levels, extreme weather events and ecological disruption, which pose existential threats to their homes and futures. Their call for intergenerational justice has received widespread support: more than 130 countries co-sponsored the United Nations General Assembly resolution, reflecting a shared global concern for the rights of young people and future generations.
States’ obligations to the planet
In its opinion, the ICJ clearly stated that States have an obligation under international environmental law to prevent significant damage to the environment, to cooperate globally and to protect human rights, which includes the duty to preserve the planet for future generations. These obligations arise from treaties such as the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, as well as from customary international law and principles of equity.
The Court also emphasised that environmental degradation caused by climate change infringes on the rights to life, health, food and housing. The recognition of the right to a clean, healthy and sustainable environment under customary law strengthens the basis for States’ responsibility for long-term environmental management.
Legal and intergenerational accountability
Although the ICJ opinion is not legally binding, it is considered authoritative and will influence courts, policymakers and international negotiations. This opinion confirms that failure to comply with climate obligations can lead to consequences under international law in terms of liability, including the obligation to provide redress and take corrective measures.
This is particularly important for activists and civil society groups who are always looking for legal avenues to compel governments to take climate action. It indicates that climate inaction is not only political negligence, but may also constitute a violation of international law with lasting implications for human dignity and the health of the planet.
A new foundation for climate justice
By emphasising the rights of future generations, this opinion gives legal weight to the moral imperative long championed by the climate movement. Furthermore, it redefines climate justice not only as a matter of equity between states, but also as a matter of justice between current and future generations. The advisory opinion draws on previous decisions by other courts, such as the Inter-American Court of Human Rights and the European Court of Human Rights, which affirmed that environmental protection is a necessary condition for the full realisation of human rights.
The way forward
This legal decision alone will not be enough to resolve the climate crisis, but it clearly imposes on governments the responsibility to act decisively and to be judged not only by current standards, but also by what they leave behind for tomorrow. For future generations, this decision is a message of hope: the law can be an instrument of protection, not only for current citizens, but also for all those who follow.
The ICJ’s opinion marks a decisive shift towards a legal framework that recognises the rights of unborn persons. At The Good Lobby, we believe that this moment should serve as a catalyst for institutional change. Through initiatives such as the Future Generations Initiative, we are working to ensure that this legal breakthrough translates into concrete governance reforms, incorporating long-term accountability, environmental stewardship and engagement at all levels of EU decision-making.
Discover the Future generations initiative