ICJ opinion raises the stakes on climate compliance

On 23 July 2025, the International Court of Justice (ICJ) delivered a historic advisory opinion on climate change. While not legally binding, the opinion confirms that states have obligations under international law to prevent environmental harm, including from greenhouse gas emissions, and that these duties extend to regulating private actors. In this episode of ESG Matters, host Elena Lambros, a partner in our Risk Advisory practice, is joined by legal experts from across our global disputes and arbitration teams, including Arne Fuchs, James Clarke, and Erin Eckhoff. Together, they unpack the implications of the ICJ’s opinion and what it could mean for climate-related litigation, corporate liability, and governance standards around the world. They explore developments across key jurisdictions including, Europe, Australia, New Zealand, and the UK and examine how legal systems are beginning to engage with the idea of a climate change duty of care. They also consider how courts may treat climate inaction, what this means for companies with high-emission operations or supply chains, and why boards and legal teams need to be watching closely. Explore more of Ashurst’s analysis of the ICJ opinion.  To listen and subscribe to future episodes, search for ESG Matters on Apple Podcasts, Spotify, or your favourite podcast app. For more from Ashurst’s podcast library, visit ashurst.com/podcasts. This podcast contains general information and does not constitute legal advice. Listeners should seek professional advice before acting on the content discussed.See omnystudio.com/listener for privacy information.

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