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On 23 July the International Court of Justice (ICJ) delivered a historic Advisory Opinion on climate change obligations. They declared climate change "an existential problem of planetary proportions that imperils all forms of life and the very health of our planet ." The Academic Director at the Asser Institute, Professor Machiko Kanetake, asked four legal experts what this means for climate policies and litigation.

Four legal experts

Nataša Nedeski (Assistant Professor of Public International Law) and Margaretha Wewerinke-Singh (Associate Professor of Sustainability Law) are both members of ACIL at the University of Amsterdam and Margaretha also served as lead counsel for Vanuatu in the proceedings. In addition, Kate Mackintosh (Executive Director of the UCLA Law Promise Institute Europe) and Yusra Suedi (Lecturer in International Law at the University of Manchester) are also interviewed.

Throughout the Opinion the Court grounds states’ climate duties in inter‑generational equity, recalling that parties must “respect, promote and consider” generational justice when acting on climate change and that protecting the environment is essential for “present and future generations” Margaretha Wewerinke-Singh
Dr. M.J. (Margaretha) Wewerinke-Singh MA LLM

Faculty of Law

Constitutional and Administrative Law

Some states and big polluters have contended that they cannot be held responsible in light of their small contribution to the cumulative problem of climate change. The ICJ now confirms that the “drop in the ocean” argument cannot serve as an excuse to evade responsibility. Individual states are under an obligation to use all means at their disposal to prevent significant transboundary harm resulting from climate change, even if their activity in isolation could be considered insignificant. Natasa Nedeski
Mr. dr. N. (Natasa) Nedeski

Faculty of Law

Public International Law