Abstract:
Climate change poses an existential threat to humanity, disproportionately
affecting coastal and Small Island Developing States. The International Court
of Justice’s (ICJ) 2025 advisory opinion on climate change marks a
transformative moment in international environmental law, clarifying the
binding legal obligations of states to prevent, mitigate, and remedy climate
harm, following a request from the UN General Assembly to address two key
questions: what are the states’ obligations regarding climate change, and what
are the legal consequences if they fail to meet these obligations. In addressing
these questions, the ICJ highlighted five main areas of state responsibility:
obligations under climate treaties such as the UNFCCC, Kyoto Protocol, and
Paris Agreement, customary international law, environmental treaties, law of
the sea, and international human rights law. This article critically examines
the implications of the ICJ advisory opinion for South Asian coastal states,
including the Maldives and Sri Lanka, which are highly vulnerable to sealevel
rise, coastal erosion, and extreme weather events. It focuses on the sociolegal
consequences of forced displacement, loss of territory, and the governance
of maritime resources, assessing how states can fulfil their international
obligations. Using a doctrinal and comparative legal analysis, the study
reviews the ICJ opinion alongside relevant international treaties, customary
international law, environmental agreements, UNCLOS, and human rights
frameworks. The ICJ’s recognition of the presumption of continuity of
statehood despite physical submergence provides a crucial safeguard for small
island states, representing a significant shift from traditional customary and
treaty-based international law on statehood. The opinion underscores states’
obligations to exercise due diligence, regulate private actors, cooperate
internationally, provide climate finance, and implement comprehensive
national and regional strategies. The article concludes that the ICJ’s advisory
opinion gives South Asian countries moral strength and legal clarity. However,
effective implementation requires proactive planning, cooperation, and
engagement of leaders, policymakers, scholars, and communities to ensure that
coastal regions remain resilient, stable, and dignified in the face of climate
challenges, including forced displacement, loss of territory, and maritime
resource management.
