The ICJ Advisory Opinion on States’ Obligations in Respect of Climate Change: Implications for the Climate Emergency in Africa

Abstract

Recently, the International Court of Justice (ICJ) rendered an Advisory Opinion (ICJ AO) on States’ obligations under international law in respect of climate change arising from anthropogenic greenhouse gas (GHG) emissions. Contrary to a plethora of legal commentaries and analytical projections prior to the publication of this notable ICJ AO, there does not appear to be a seismic shift towards States’ legal responsibility for transborder environmental harm caused by anthropogenic GHG emissions. This paper argues that the implications of the ICJ AO for the climate emergency in Africa constitute more or less echoes in the dark plains of international law where States’ responsibility and legal consequences for transborder environmental harm due to anthropogenic GHG emissions remain obvious, palpable, yet elusive. This paper however suggests ways Africa may leverage the high points of the ICJ AO to make it relevant to addressing the adverse impacts of climate change on the continent.

Keywords: ICJ advisory opinion, climate change, Africa climate emergency, climate change treaties, States’ obligations, legal consequences for climate change

DOI: 10.7176/JLPG/152-05

Publication date: May 28^th 2026