Late last month, the International Court of Justice (ICJ) issued a landmark advisory opinion that all countries are obligated under international law to protect the people and planet from the impacts of climate change. 

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A United Nations court, the International Court of Justice (ICJ), has issued a significant advisory opinion stating that countries have legal obligations to protect the climate system. This includes duties to regulate greenhouse gas emissions and limit new fossil fuel production and subsidies. Although the opinion is not legally binding, it carries immense weight due to its unanimous support from the court and its origins in a UN General Assembly resolution backed by over 105 countries, giving it high legitimacy in international law.

This opinion has powerful practical implications, as it can be used to support climate litigation worldwide. Vulnerable countries, such as Pacific Island nations, could potentially sue high-emitting developed countries for reparations. Within individual nations, including Malaysia, citizens and NGOs can use the opinion to file judicial reviews against their own governments, arguing that inadequate climate policies violate constitutional rights, such as the right to life and a healthy environment.

For an oil and gas-producing country like Malaysia, the opinion adds a layer of scrutiny on its governance of fossil fuel activities, such as granting new exploration licenses. Rather than disregarding the non-binding opinion, the text argues this is a strategic moment for Malaysia to lead on climate action and decarbonisation. Embracing this leadership role is presented as a more proactive strategy than playing defensively, signalling a greater shift in global expectations for all nations.