ICJ puts Final Nail in the Coffin of States Excuses

The International Court of Justice presenting the advisory opinion on the obligations of states in respect of climate change

“The final nail in the coffin of states’ excuses”, legal experts unpack the ICJ’s climate advisory opinion.

In this article Machiko Kanetake, Academic Director and the Chair of the Executive Board of the T.M.C. Asser Instituut, interviews four legal scholars Nataša Nedeski, Margaretha Wewerinke-Singh, Yusra Suedi and our ED Kate Mackintosh. They reflect on the groundbreaking Advisory Opinion of the International Court of Justice on states’ climate obligations.

Mackintosh: “In affirming that the right to a clean, healthy and sustainable environment is essential for the enjoyment of other human rights, the Court provides a basis for claiming it as an inherent right. While this has already been established in the Inter-American system, no such right has been established at the European Court of Human Rights. It will be interesting to see how the European Court deals with this development in future cases.”

This Advisory Opinion marks a significant moment in climate law.

📖 Read the full interview via the Asser Institute:
https://www.asser.nl/about-the-asser-institute/news/interview-icj-climate-opinion-puts-final-nail-in-coffin-of-states-excuses-experts-argue/