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Article
Forthcoming
How Authoritative is the ICJ Climate Change Advisory Opinion?
Dan Bodansky
Climate Law
 
Publisher

Abstract:

This brief essay offers an initial assessment of the authority, persuasiveness, and potential effects of the Climate Change Advisory Opinion of the International Court of Justice (ICJ AO). It proceeds in five steps. First, it considers whether the ICJ should be regarded as infallible. Second, it examines the legal status of ICJ advisory opinions and questions the finality of the ICJ AO. Third, it evaluates the persuasiveness of the Court’s legal reasoning, focusing on the ICJ interpretations of the Paris Agreement. Fourth, it explores the potential effects of the ICJ AO on the United Nations climate change regime, other international environmental negotiations, and the behaviour of states. Finally, it assesses its potential effects on future climate litigation.
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