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About the Book A landmark Advisory Opinion delivered by the International Court of Justice (ICJ) in July 2025 declares that the obligations of States to address climate change arise not only under the international climate treaties but also from the broader corpus of international law, including customary international law thereby strengthening the legal foundations of global climate action. This was welcomed by the United Nations General Assembly (UNGA) in May 2026 resolution which represents a major political endorsement of the Advisory Opinion. The resolution provides a pathway for multilateral follow-up to advance compliance with States’ climate obligations in light of the Advisory Opinion. This collection of three papers explores the significance of the ICJ opinion and UNGA resolution, including the ICJ’s reaffirmation of common but differentiated responsibilities between developed and developing countries, and its examination of State responsibility for breaches of climate obligations, including for loss and damage due to climate change. The papers underline the opportunity these developments present to strengthen the multilateral response to global warming through urgent, equitable climate action. VICENTE PAOLO B. YU III is a Senior Legal Adviser of the Third World Network, Senior Lecturer at the University of the Philippines College of Law, Lecturer at the International Institute in Geneva, Honorary Professorial Fellow at the University of Warwick School of Law, Associate Fellow at the Geneva Center for Security Policy, and Visiting Research Fellow at the UN Research Institute for Sustainable Development. Contents Reflections on the 20 May 2026 UN General Assembly Resolution on the ICJ Advisory Opinion on Climate Change I. Background: From a Pacific Youth Initiative to the ICJ Advisory Opinion II. The Road to the Follow-Up UNGA Resolution: Negotiating Dynamics and Contested Issues III. Voting Record IV. Significance of the Resolution V. Implications for Developing Countries VI.
Key Points on CBDR-RC, Loss and Damage, and State VII. Next Steps VIII. Conclusion Endnotes The Principle of Common But Differentiated Responsibilities and Respective Capabilities under the ICJ Advisory Opinion on International Law Obligations in Respect of Climate Change Executive Summary I. Introduction II. Highlights of the ICJ’s Conclusions in Its Advisory Opinion III. The ICJ’s Interpretation and Application of the Principle of Common But Differentiated Responsibilities and Respective Capabilities (CBDR-RC) IV. Conclusion Endnotes Understanding the Applicability of the ICJ’s Advisory Opinion to Climate-Change-Caused Loss and Damage I. Introduction: Landmark ICJ Recognition of Climate-Change-Caused Loss and Damage II. International Law Obligations in Respect of Climate Change III. Common But Differentiated Responsibilities and the Duty to Cooperate as Integrated Foundational Principles of International Climate Change Legal Obligations IV. Breach of Obligations Giving Rise to State Responsibility V. Breaches and Remedies, Including on Loss and Damage VI. Conclusion: Implications of the ICJ Advisory Opinion for Remedies in Respect of Climate-Change-Related Loss and Damage Endnotes
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