A cow lies on dry grass in a field in Ligne, near Nantes, as the Loire-Atlantique department faces severe drought conditions, western France, July 17, 2025.
Top UN court says treaties compel wealthy nations
Top UN court says treaties compel wealthy nations to curb global warming
By Stephanie van den Berg and Alison Withers July 23, 2025
Summary
- ICJ opinion could influence global climate litigation
- U.N. treaties should guide responsibilities, rich countries say
- South, small island states seek firm measures to curb emissions
A wildfire burns next to a house on the outskirts of Valmojado, Spain, July 17, 2025. REUTERS/Susana Vera/File Photo
HUMAN RIGHT TO CLEAN ENVIRONMENT
Judge Iwasawa, who presided the panel of 15 judges, said that national climate plans must be of the highest ambition and collectively maintain standards to meet the aims of the 2015 Paris Agreement that include attempting to keep global warming below 1.5 degrees Celsius (2.7 Fahrenheit).
Under international law, he said: "The human right to a clean, healthy and sustainable environment is essential for the enjoyment of other human rights."
While the decision was stronger than most expected, its impact may be limited by the fact that the United States, the world's biggest historical greenhouse gas emitter, and second biggest current emitter behind China, has moved under President Donald Trump to undo all climate regulations.
With scepticism over climate change spreading in the U.S. and elsewhere, Judge Iwasawa laid out the cause of the problem and the need for a collective response in his two-hour reading of the court's opinion.
"Greenhouse gas emissions are unequivocally caused by human activities which are not territorially limited," he said.
Historically, rich industrialised countries have been responsible for the most emissions. Iwasawa said these countries had to take the lead in addressing the problem.
POLITICAL AND LEGAL WEIGHT
The court's opinion is non-binding, but it carries legal and political weight and future climate cases would be unable to ignore it, legal experts say.
"This is the start of a new era of climate accountability at a global level," said Danilo Garrido, legal counsel for Greenpeace.
Harj Narulla, Barrister specialising in climate litigation and counsel for Solomon Islands in the case, said the ICJ laid out the possibility of big emitters being successfully sued.
"These reparations involve restitution — such as rebuilding destroyed infrastructure and restoring ecosystems — and also monetary compensation," he said.
TWO QUESTIONS
Wednesday's opinion follows two weeks of hearings last December at the ICJ when the judges were asked by the U.N. General Assembly to consider two questions: what are countries’ obligations under international law to protect the climate from greenhouse gas emissions; and what are the legal consequences for countries that harm the climate system?
Developing nations and small island states at greatest risk from rising sea levels had sought clarification from the court after the failure so far of the 2015 Paris Agreement to curb the growth of global greenhouse gas emissions.
The U.N. says that current climate policies will result in global warming of more than 3 C (5.4 F) above pre-industrial levels by 2100.
As campaigners seek to hold companies and governments to account, climate‑related litigation has intensified, with nearly 3,000 cases filed across almost 60 countries, according to June figures from London's Grantham Research Institute on Climate Change and the Environment.
Additional reporting by Bart Meijer, Valerie Volcovici, Zoran Mikletic; Writing by Ingrid Melander and Stephanie van den Berg, editing by Barbara Lewis and Philippa Fletcher
