Reforming climate governance in light of recent international judicial decisions

Practical information

1. Composition of the study group
2. Administrators / Assistant in charge: Gaizka MALO, Caroline VERHELST / Lukáš ĎURECH
3. Contact

Background

In recent years, international climate negotiations under the Conference of Parties (COPs) and their outcomes have become increasingly difficult. In a geopolitical context marked by growing fragmentation and challenges to multilateralism and international law, numerous civil society stakeholders are calling for a reform of global climate governance to level up the ambition demanded by the current climate crisis. This is centered around two major ambitions, namely to reform the current consensus decision making model, as well as to create mechanisms that will give civil society greater participation, transparency and influence in COPs.

In parallel, society has witnessed the promising rise of climate litigation, alongside the growing body of rulings issued by national courts and international tribunals, but also of multilateral processes "of the willing" in parallel to the actual COP process. What began in the early 2010s as a predominantly domestic litigation trend has gradually matured and gained strength, culminating in recent years with decisions from several international courts offering ambitious and progressive interpretations of climate-protection obligations under the international climate treaties. The advisory opinion of the International Court of Justice on 23 July 2025, clarifying states' obligations under international law to address climate change, marks the most significant turning point.

Climate litigation grounded in the right to a healthy environment and a healthy climate system is steadily increasingly impacting the architecture of international climate governance.

This timely opinion will examine civil society proposal on how to reform climate governance, including decision-making processes, negotiation frameworks, and the participation and impact of civil society organisations at global climate summits. It will also assess how international climate litigation is shaping climate negotiations and may further influence the governance of the UNFCCC, particularly in light of the International Court of Justice’s advisory opinion of 23 July 2025.

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