Climate justice unpacked

A review of the 2025 Inter-American Court of Human Rights and International Court of Justice advisory opinions on environment, human rights and state obligations

Abstract

The Advisory Opinion OC-32/25 by the Inter-American Court of Human Rights (IACtHR) in response to a request by the Republic of Colombia and the Republic of Chile delimited the individual and collective obligations of American states in climate emergency matters within the framework of the American Convention of Human Rights. Although this advisory opinion reaffirms the obligation of states under international law to address climate change and redefines the limits of environmental law and social justice, this opinion touches on only a small part of the problem. Additionally, the applicable legal framework – particularly the principles of state responsibility or breaches of obligations to protect the climate system, as reflected in the International Court of Justice (ICJ) advisory opinion on climate change – merits close attention. Further, these proceedings reveal the interaction between law, science, nature, and society.