Luciano Pezzano, Erga omnes nature of human rights obligations in respect of climate change: A preliminary survey of the positions in the ICJ Climate Change advisory proceedings, EJIL:Talk! (Jan. 2025)
Pezzano examines the positions taken by States in the ICJ advisory proceedings on States’ obligations in respect of climate change, particularly whether human rights obligations linked to climate change are of an erga omnes character—that is, obligations owed to the international community as a whole. Surveying written and oral submissions from States and international bodies, Pezzano demonstrates the widespread support for recognizing both customary and, to a lesser extent, treaty-based human rights obligations as erga omnes. These proceedings offer the Court a unique opportunity to clarify which human rights obligations are erga omnes, the relationship between erga omnes and erga omnes partes obligations, and the legal consequences of breaches.
