From Promises to Obligations: Reclaiming Climate Justice through the ICJ’s Advisory Opinion

Few issues in contemporary global governance reveal the fragility of international cooperation and the limits of state sovereignty as starkly as climate change. What began as a scientific warning about rising temperatures has evolved into a defining political, legal, and moral challenge of the twenty-first century—one that transcends borders, questions the very foundations of development, and tests the capacity of humanity to collaborate in the face of shared peril. Climate change is no longer a distant environmental concern; it is a structural crisis that reshapes the global order, redistributes power, and exposes the deep inequalities embedded in the international system.

Despite decades of scientific consensus and multilateral negotiations, the global response has remained fragmented, constrained by national interests and short-term political horizons. The persistence of such paralysis raises fundamental questions: Why has humanity, despite possessing the knowledge and means to prevent catastrophe, failed to mobilise effectively? What does this failure reveal about the current architecture of international law and governance? And more importantly, can law, morality, and politics converge to construct a more resilient and equitable global climate regime?

This paper approaches these questions by examining climate change not merely as an environmental or scientific problem but as a multidimensional phenomenon—one situated at the intersection of global politics, international law, and normative theory. It argues that the real challenge lies not only in reducing emissions but in reimagining the principles upon which collective action rests. As the world enters what may be termed a new “climate constitutional moment,” the July 2025 Advisory Opinion of the International Court of Justice (ICJ) stands out as a potential turning point. For the first time, an international judicial body has articulated the legal responsibilities of states concerning climate change and intergenerational equity, reframing inaction as a possible breach of international law rather than a matter of political discretion.

By exploring the scientific, political, and legal dimensions of this evolving landscape, this discussion paper contends that climate change governance must evolve from a regime of voluntary commitments toward one grounded in enforceable obligations and shared moral accountability.