Part 1 of the Climate Change on Trial video series traces the rise of rights-based climate litigation and examines two landmark advisory opinions issued in July 2025. It explains how the Inter-American Court of Human Rights and the International Court of Justice clarified States’ climate obligations and opened new avenues for legal accountability.
Credit: Eelco Böhtlingk / Unsplash

In Part 1 of the video series accompanying Climate Change on Trial: Mobilizing Human Rights Litigation to Accelerate Climate Action, Professor César Rodríguez-Garavito examines a turning point in international climate law. In July 2025, the Inter-American Court of Human Rights and the International Court of Justice (ICJ) issued advisory opinions within weeks of each other, addressing how States’ legal obligations apply to the climate emergency.

The video places these opinions in a longer history. In 2005, Inuit leaders and their lawyers brought a pioneering climate and human rights petition before the Inter-American Commission on Human Rights. Over the following two decades, rights-based climate litigation spread across domestic and international courts. Rodríguez-Garavito traces how cases, advocacy, and scientific evidence helped bring questions once seen as outside human rights law before two of the world’s leading courts.

The Inter-American Court’s opinion recognized a right to a healthy climate derived from the right to a healthy environment. It also addressed the protection of Nature, the interests of future generations, States’ duties to regulate businesses, and the need for adaptation to climate impacts already occurring. The ICJ’s opinion examined States’ obligations across climate treaties, human rights law, the law of the sea, and customary international law. It drew on the best available climate science and explained how a breach of those obligations could give rise to State responsibility and, where the legal requirements are met, reparation.

Rodríguez-Garavito also emphasizes the people who helped bring these questions before international courts, including the Pacific Island youth campaign that pressed for the ICJ advisory opinion. Together, the decisions provide legal guidance that advocates and courts can use as they connect climate action with human rights, biodiversity, and the protection of Nature.

Highlights

This video explains why the July 2025 advisory opinions of the Inter-American Court of Human Rights and the International Court of Justice matter for rights-based climate litigation. Rodríguez-Garavito traces the field’s development from an early Inuit climate petition to international courts’ detailed examination of States’ climate obligations. He considers what the opinions clarify about human rights, environmental protection, scientific evidence, and legal accountability.

The video offers a brief history of the “rights turn” in climate litigation, then examines the principal contributions of each 2025 opinion. It covers the right to a healthy climate, the protection of Nature, corporate regulation, adaptation, the role of climate science in identifying State duties, and the possibility of reparations. It closes by considering how advocates may use the opinions in future cases and climate policy.

The petition illustrates how much the legal field has changed. Inuit leaders and their lawyers argued that the United States’ contribution to global warming violated their human rights, but the Inter-American Commission did not take the case forward. Rodríguez-Garavito uses that early effort to show how sustained litigation and advocacy helped make climate change a question that human rights courts now address directly.

The Court recognized a right to a healthy climate derived from the right to a healthy environment and connected its protection to the interests of present and future generations. The video also examines the opinion’s treatment of Nature and the ecological processes that sustain life. Rodríguez-Garavito presents these developments as part of a broader shift toward understanding human rights and the health of ecosystems together.

The opinion sets out duties for States to regulate business conduct contributing to climate change, including measures concerning emissions disclosure, due diligence, and greenwashing. It also gives substantial attention to adaptation: States must address climate impacts already affecting people and ecosystems while avoiding measures that create new vulnerabilities or environmental harm. The video highlights both subjects as areas that earlier rights-based climate cases had addressed less fully.

The ICJ examined obligations arising under several areas of international law, including climate treaties, human rights law, the law of the sea, and customary international law. It treated IPCC reports as a leading source of the best available science on climate change. As the video explains, scientific evidence helps give content to legal duties, including the assessment of risks and the measures States must take to protect the climate system.

No. The ICJ did not decide that a particular State had breached its obligations or order it to pay compensation. It explained that a State responsible for an internationally wrongful act may owe reparation for harm caused by that breach. A future claim would still need to establish the relevant breach, damage, and causal connection. The video discusses this framework as a potential avenue for climate justice.

Part 1 offers an accessible entry point for lawyers, students, advocates, researchers, and policymakers seeking to understand the two opinions together. It may be especially useful to people developing climate claims, evaluating government duties, or working with communities affected by climate change. The video also shows how Indigenous leaders, youth organizers, and other civil society actors helped shape the legal questions now before international courts.

Yes. CLX resources are open-access and may be cited with attribution. If you plan to reproduce substantial portions of the text or figures, please reach out to our team first.

Reports and working papers go through internal review by CLX researchers and, where noted, external subject-matter experts. Educational materials and commentary are reviewed for accuracy but are not formally peer-reviewed academic publications.

Climate litigation moves quickly, and case law referenced here reflects the state of play at the time of publication. Where a resource is part of an ongoing series or learning kit, later installments may reflect more recent developments.

Absolutely — many of our resources, including learning kits and video series, are designed for classroom and clinic use. Non-commercial educational use is encouraged; contact us for permissions on commercial training programs.

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