News
Lanka hails ICJ’s watershed climate action ruling
View(s):- AG explains Sri Lanka’s submission to the Court, says judgment affirms the right to a clean environment as a fundamental human right
- ICJ opinion underscores differentiated responsibilities of developed and developing nations in addressing climate change
By Tharushi Weerasinghe
Sri Lanka’s obligations and opportunities for climate action have been significantly enhanced by the unanimous advisory opinion of the International Court of Justice, holding greenhouse gas emitters accountable for exacerbating climate change.
On July 23, 2025, the ICJ published its Advisory Opinion (“ICJAO”) on the “Obligations of States in Respect of Climate Change.” The ruling outlined multiple decisions regarding state responsibilities and was primarily based on the UN Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement, with additional reference to customary international law.
The Court’s opinion reflected the differentiated obligations of developed and developing countries under the UNFCCC. It also affirmed that the human right to a clean, healthy, and sustainable environment is essential to the enjoyment of other human rights, a point highlighted by Sri Lanka’s Attorney General Parinda Ranasinghe during his presentation before the bench.
Significantly, the Court noted that once a state is established, the disappearance of one of its constituent elements does not necessarily entail the loss of statehood. This finding is especially relevant for small island states facing threats to territorial integrity due to sea level rise.
Sri Lanka was among 123 countries that co-sponsored the resolution that led to the ICJ hearing and one of 96 nations that made oral submissions in The Hague. Sri Lanka’s legal team included Attorney General Parinda Ranasinghe, Deputy Solicitor General Dr. Avanti Perera, and State Counsel Vishni Ganepola and Prabhashanee Jayasekera, along with two other AG’s Department officials who contributed with their research.
“We are quite pleased with the decision of the ICJ. This is the outcome we, along with like-minded nations, were hoping for. My officers put in a lot of hard work into the preparation of Sri Lanka’s submission,” said Attorney General Ranasinghe.
Sri Lanka’s laws and policies must now align with the ICJ’s opinion, he said, adding that the Foreign Affairs Ministry should identify the appropriate line ministry to initiate consultations for legal and policy reform, including a climate change law and a dedicated unit within the relevant ministry. The Attorney General’s Department will provide the necessary legal support to help Sri Lanka comply with its international obligations on climate change.
Environmental law expert Dr. Lalanath de Silva noted that although the ICJ opinion was advisory and therefore not binding, it established the legal reasoning the Court would apply if a case were brought before it. He emphasised that the judgment would heavily influence Sri Lanka’s judiciary in shaping environmental and climate-related jurisprudence, pointing to the X-Press Pearl ruling as a precedent where principles like “polluter pays” were reinforced.
Dr. de Silva said the judgment increased the responsibility of developed nations to take more aggressive steps in reducing emissions. Violations could constitute internationally wrongful acts, opening the door to legal consequences, including suits before the ICJ. He noted Sri Lanka could consider seeking compensation or restoration for climate-related damage, though such a move would need to account for political and geopolitical implications.
The expert also stressed that Sri Lanka’s Nationally Determined Contributions (NDCs) must be progressively strengthened over time, as regression could also trigger legal consequences. Given Sri Lanka’s low emissions, adaptation would be the more urgent focus, he said, posing the question of how effectively the government was responding to that challenge.
Adding a global perspective, climate activist Harjeet Singh, founding director of Satat Sampada Climate Foundation, welcomed the ruling as a turning point in the global fight for climate justice.
“The ICJ’s historic advisory opinion marks a watershed moment in the fight for climate justice,” he said. “By setting clear obligations to prevent environmental harm and cooperate on climate action, the court’s decision ends the era of impunity for fossil fuel companies and the states that have failed to regulate them.”
He explained that the Court’s findings supported demands for full reparations, including financial compensation for loss and damage, and immediate cuts to emissions that exceeded scientifically safe thresholds. For communities suffering the worst effects of climate change, Mr. Singh said, the judgment offered long-overdue recognition and legal grounds to demand justice and restitution.
The best way to say that you found the home of your dreams is by finding it on Hitad.lk. We have listings for apartments for sale or rent in Sri Lanka, no matter what locale you're looking for! Whether you live in Colombo, Galle, Kandy, Matara, Jaffna and more - we've got them all!