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  • 19 - The International Court of Justice Facing the Existential Threat of Climate Change

  • from Part II - Designing Effective Governance Mechanisms
  • Edited by Ottavio Quirico, University of New England, University for Foreigners of Perugia and Australian National University, Canberra, Walter Baber, California State University, Long Beach
  • Book:
    Implementing Climate Change Policy
    Print publication:
    05 December 2024, pp 301-312

  • Summary

    This chapter maintains that the International Court of Justice (ICJ) may usefully intervene in the complex and multifaceted litigation that has developed before national and international tribunals, as well as human rights treaty bodies, concerning national climate policies adopted to implement international obligations. By considering the rationale and nature of climate litigation, the chapter seeks to point out what international law rules the ICJ should take into account (especially clarifying their existence and scope) in order to make a real contribution to national and international jurisprudence.