The UN’s top court delivers landmark climate change ruling

In a long-awaited advisory opinion published yesterday, the International Court of Justice (ICJ) said countries around the world are legally required to battle climate change and cut emissions.

The court unanimously ruled that a livable planet is a basic human right and part of international customary law, meaning every country is obliged to protect the environment—not just those with climate treaties.

What the ruling means

The first-of-its-kind decision paves the way for a wide range of future legal actions related to climate change, including:

• Countries going to the ICJ to hold each other accountable over breaching the terms of existing climate agreements.
• Domestic lawsuits filed in UN member nations that seek to compel governments to address climate change.
• Investment agreements that must follow international law—like those between countries—may now have to take each nation’s climate commitments into consideration.
• Court-ordered compensation granted to some countries or individuals suffering from the effects of climate change.

But there’s a catch. Several world powers and global emissions leaders—including the US, China, Russia, and France—don’t accept the ICJ's compulsory jurisdiction, meaning the court can’t hear cases against those countries unless they agree to it.

And even if a nation breaks the rules, enforcement lies with the UN Security Council…where many of those same countries hold veto power.

Looking ahead: Legal experts say the landmark climate opinion could be used in court as early as next week, both at the ICJ and outside national courts.