DFA Backs ICJ Advisory on Binding Climate Obligations
- July 28, 2025
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The Philippine government has welcomed the landmark advisory opinion issued by the International Court of Justice (ICJ) on July 23, which affirmed that states have binding legal obligations under international law to reduce greenhouse gas emissions and address the climate crisis.
In a statement, the Department of Foreign Affairs (DFA) said the Philippines values the ICJ’s guidance on states’ climate obligations beyond the scope of the United Nations Framework Convention on Climate Change (UNFCCC). The country actively participated in the proceedings leading to the opinion, as reported by the Philippine News Agency.
The ICJ’s advisory opinion, issued unanimously, concluded that states have enforceable responsibilities under both treaty and customary international law to protect the climate system and other parts of the environment from harmful emissions. These include obligations under the UNFCCC, the Kyoto Protocol, and the Paris Agreement.
The Court stated that industrialized countries, particularly those listed in Annex I of the UNFCCC, carry additional duties to take the lead in reducing emissions and enhancing carbon sinks. States are also required to cooperate in good faith through technology transfer and financial support to achieve climate goals.
Under customary international law, all states have a duty to prevent significant environmental harm, exercise due diligence, and cooperate to mitigate climate risks. The Court emphasized that these obligations apply to both public and private actors under state jurisdiction.
Crucially, the ICJ held that breaches of these obligations constitute internationally wrongful acts. Responsible states may be required to cease harmful activities, provide guarantees of non-repetition, and offer full reparations to injured parties, including other states and potentially affected communities.
The opinion was issued in response to a 2023 request by the United Nations General Assembly, which asked the ICJ to clarify states’ legal obligations in protecting the climate for present and future generations. The case drew unprecedented global participation, with 96 states and 11 international organizations presenting submissions during the public hearings.
The DFA reaffirmed the Philippines’ commitment to multilateralism and international cooperation in addressing the global climate crisis, citing the ICJ’s opinion as a key reference point moving forward.
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