Full Description
2024-2025 marks a pivotal shift in international climate law, as advisory opinions before international and regional courts and tribunals begin to shape the global response to the climate crisis. With one advisory opinion already issued and two more anticipated in 2025, this collective effort to define and enforce States' climate obligations is gaining momentum. This book captures this critical juncture, featuring chapters by leading scholars and litigators involved in these landmark advisory opinions. Against the backdrop of decades of domestic climate litigation, the transition to international courts reflects the urgent need for global solutions to a challenge that transcends borders, offering vital insights for the path forward.
Contents
Foreword: Advisory Opinions from Icj, Itlos, And Iacthr: Expectations and Risks
List of Abbreviations
Notes on Contributors
1 The Role of Advisory Opinions in International Law in the Context of the Climate Crisis: an Introduction
Maria Antonia Tigre and Armando Rocha,
Section 1: Advisory Opinions as Instruments of Climate Governance
2 Advisory Opinions and the Development of International Law: an Opportunity for Climate Change Law?
Rita Guerreiro Teixeira and Patrícia Galvão Teles
3 The Climate-Related Obligations under the UNCLOS, the ACHR, and International Law in General
Alice Ollino and Irini Papanicolopulu
4 Jurisdictional Ingenuity in Pursuit of Promoting States' Obligationsin the Context of the Climate Emergency
Melissa Stewart
5 The Role of Advisory Opinions in International Law in the Context of the Climate Crisis
The Dialogue between the ICJ, the ITLOS, the IACtHR, and the AfCtHPR
Susan Ann Samuel and Jorge Alejandro Carrillo Bañuelos
6 An Advisory Opinion on Human Rights and Climate Change in the African Regional Human Rights System
Dina Lupin and Ruth Nekura
Section 2: Voices and Participation in Advisory Opinion Proceedings
7 Storytelling in the Advisory Proceedings on Climate Change
Antoine De Spiegeleir
8 Participation in Climate Change Advisory Proceedings: Bridging the Gap between the Judiciary and the International Community
Miriam Cohen
9 The Role of States in the Requests for Advisory Opinions
Austyn Campbell, Claire Robertson and Eran Sthoeger
10 The Role of Civil Society in the Climate Change Advisory Proceedings
Harjeevan S. Narulla and Rohan A. Nanthakumar,
Section 3: The Lasting Impact of Advisory Opinions
11 The Downstream Impact of Advisory Opinions in the Case Law of Other International Bodies and Domestic Litigation
Lea Main-Klingst and Sophie Marjanac
12 The Impact on Domestic Law of Climate Change-Related Advisory Opinions: the Experience of the IACtHR and the ITLOS
Gastón Medici-Colombo and Armando Rocha
13 Finding the 'Rosetta Stone'? Concluding Remarks on the Role of Advisory Opinions in International Law in the Context of the Climate Crisis
Armando Rocha and Maria Antonia Tigre
Appendix 1: Questions Posed in the Advisory Opinion Requests
Appendix 2: Table of International Instruments and National Legislation
Appendix 3: Table of Cases
Index
