The Request to the International Court of Justice for an Advisory Opinion on Climate Change: Some Preliminary Remarks through the Lens of Statements Made upon the Adoption of Resolution 77/276

The request by the United Nations General Assembly to the International Court of Justice for an advisory opinion on climate change and its legal implications was adopted by consensus (resolution 77/276). Divergencies and unresolved tensions remain, however, not only on the nature and content of certain principles and rules, but also on the contribution that the Court might give to advancing action on climate change. This article provides a critical assessment of the explanations of positions expressed by some delegations upon the adoption of resolution 77/276, with a special focus on the human rights dimension of the issue at stake and the attribution of responsibility to single States for the failure to prevent climate change or mitigate its adverse consequences. Some concluding remarks follow on the important and delicate role that the Court is called upon to play in the instant case.