To a different extent, regional and international jurisdictions, notably, the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court on Human Rights (IACtHR) have been requested to deliver advisory opinions on the scope of international climate change obligations and the consequences of their violation. Whereas advisory opinions do not result in binding hard law, in the light of the intertwined environmental and human rights jurisprudence thus far developed by the ICJ, ITLOS, and IACtHR, it is arguable that, through their advisory function, these regional and international jurisdictions have the possibility of advancing the effectiveness of state account- ability under international climate law, based on an interdisciplinary scientific and cooperative approach to global warming.
International Tribunals Contributing to the Enforcement of Climate Change Obligations Through Advisory Functions
Marchegiani, Maura
2026-01-01
Abstract
To a different extent, regional and international jurisdictions, notably, the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court on Human Rights (IACtHR) have been requested to deliver advisory opinions on the scope of international climate change obligations and the consequences of their violation. Whereas advisory opinions do not result in binding hard law, in the light of the intertwined environmental and human rights jurisprudence thus far developed by the ICJ, ITLOS, and IACtHR, it is arguable that, through their advisory function, these regional and international jurisdictions have the possibility of advancing the effectiveness of state account- ability under international climate law, based on an interdisciplinary scientific and cooperative approach to global warming.| File | Dimensione | Formato | |
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