Christina Hioureas and Tafadzwa Pasipanodya were quoted in an article in Law360 on the Advisory Opinion issued by the International Court of Justice on the obligations of states with respect to climate change. Pasipanodya remarked on the “groundbreaking” nature of the opinion: “15 judges from all over the world unanimously declared that all states are legally obligated to take effective action against climate change, based in both treaty and customary international law," and "small island and developing states now have a powerful legal tool to demand stronger action and seek reparations for climate-related loss and damage."

Hioureas emphasized how “historic” the opinion is in finding "that states have an obligation of due diligence - which is a stringent standard - in connection with steps to address the climate crisis". Hioureas went on to note that said "due diligence obligation requires states to regulate not only public actors, but also private actors. Indeed, the right of states to regulate in the public interest was specifically recognized and, in a separate opinion penned by Judge [Sarah] Cleveland, it was acknowledged that investment claims may have had a regulatory chill effect on states seeking to take measures to address climate change."

Read the full article here