Paper: GS – III, Subject: Environment, Ecology and Disaster Management, Topic: Global Warming and Climate change, Issue: Implications of the recent ICJ judgement.
Context:
The International Court of Justice (ICJ) issued a landmark advisory opinion on 23 July urging all states to take strong climate action. It has significant legal implications for countries failing to act in accordance with the Paris Agreement.
Key Highlights:
Highlights of the ICJ Advisory Opinion:
- Two Core Duties Outlined:
- Prevent environmental harm through regulatory, legal, and enforcement mechanisms.
- Mandatory international cooperation, including information-sharing and technology transfer.
- Based on Customary International Law:
- Duties are binding even without enforcement powers.
- Enforces due diligence standards globally.
- Supports Principle of CBDR:
- Common but Differentiated Responsibilities remain central to the ICJ’s stance.
Legal Implications and Challenges for India on Climate Issues:

India’s Progress and Shortcomings:
Progress Made | Shortcomings |
Expansion of renewable energy.Nationally Determined Contributions (NDCs) announced. | Conditional NDC targets still insufficient to limit warming to 1.5–2°C.Net-zero goal of 2070 is considered inadequate under global climate justice principles. |
Implications for India’s Economic and Legal Strategy:

Conclusion:
Legal accountability will increasingly be a tool to enforce climate commitments. India needs to re-evaluate its climate governance approach and ensure climate action is legally robust, scientifically credible, and socially equitable.
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