Landmark ICJ opinion “could” have implications for German climate policy – gov’t advisors

A landmark expert opinion from the International Court of Justice (ICJ) "could" have an effect on Germany's national and international climate policy, according to the parliament's scientific service. "The emphasis is on 'could' because the ICJ's far-reaching demands for global climate protection are not binding," the scientific service's legal opinion said.

In an advisory opinion in late July, the ICJ said that all states are obliged to protect the Earth's atmosphere from greenhouse gas emissions and tackle climate change. Failure to meet obligations agreed to prevent significant cross-border environmental damage may constitute a breach of international law, the court warned. This would open the door to state responsibility, compensation claims, and legal consequences, it argued.

The parliament's scientific service expects the ICJ’s legal opinion to have an impact both as a political and as a legal argument in debates or proceedings concerning national or international climate policy and lawsuits. Contrary to court rulings, the ICJ’s expert opinions are not legally binding. However, they provide an indication on how a dispute would be resolved in future, the scientific service said. “From a legal perspective, the ICJ's opinion is not binding, but the court's professional authority in consolidating and developing international law gives it practical significance,” the advisors wrote.

Germany has set a target to reach net-zero emissions by 2045, five years earlier than the target for the European Union. The decision to pull the target forward followed a landmark ruling by Germany's highest court that obliged the government to sketch a clear path towards climate neutrality.