Maria Antonia Tigre, Camille Martini, Miriam Cohen et Armando Rocha, (2025) "A Panoply of Consequences?: Remedies and Reparations in the ICJ’s Climate Opinion", VerfBlog.
Résumé: The International Court of Justice (ICJ)’s recent advisory opinion on climate change represents a pivotal moment in the evolution of international climate law. By affirming that States can incur legal responsibility for failing to reduce greenhouse gas (GHG) emissions, the ICJ brought long-standing principles of State responsibility into sharper focus within the climate context. Among the opinion’s most significant – but underexplored – aspects is its treatment of reparations and remedies. This blog post unpacks the legal consequences outlined by the ICJ, examining what the opinion says and doesn’t say about how climate-related harm should be remedied. At the heart of this analysis lies a central question: can the affirmation of legal responsibility without clear guidance on reparation design meaningfully advance climate justice? Similarly to our analysis of how the IACtHR dealt with reparations, the ICJ touched on essential parts, but could have gone further.
Ce contenu a été mis à jour le 9 octobre 2025 à 21 h 04 min.