The International Court of Justice Facing the Existential Threat of Climate Change What Legal Questions and for Whom?

This article deals with the utility of an advisory opinion of the International Court of Justice (ICJ) on States’ obligations and responsibility as regards climate change. Many studies have highlighted the positive implications of an ICJ advisory opinion for strategic ligation in national and international tribunals and treaty bodies, sometimes confusing it with the contribution an ICJ judgment or advisory opinion may give to resolving disputes between States in this same field. The purpose of this study is first to distinguish these different playgrounds and second to elaborate on how a prospective ICJ stance on the existence and content of some rules of international law may effectively help national tribunals and international tribunals and treaty bodies to overcome the legal arguments usually governments oppose to contest jurisdiction, or otherwise rebut the plaintiffs' claims.