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Pakistan Welcomes Announcement of Advisory Opinion on States’ Obligations Regarding Climate Change

The Government of the Islamic Republic of Pakistan welcomes the Advisory Opinion delivered by the International Court of Justice (ICJ) on the “Obligations of States in Respect of Climate Change” issued today. This landmark opinion underscores the urgent global challenge posed by climate change and reaffirms critical legal obligations under international law, state in a press release from the top law officer office in Islamabad.

The Attorney General for Pakistan, Mr. Mansoor Usman Awan, in his oral submissions before the ICJ on 15 April 2025, highlighted the necessity of recognizing the duty of States to prevent significant environmental harm as an ‘obligation that transcends borders and demands stringent diligence from every State.’ Pakistan had previously reinforced its position through two comprehensive written statements filed on 21 March and 9 August 2024.

The Court affirmed several key positions taken by Pakistan. Firstly, the ICJ confirmed that the principle of prevention of significant harm to the environment, a longstanding obligation under customary international law, applies explicitly to anthropogenic greenhouse gas emissions. This principle requires States to diligently prevent activities within their jurisdiction from causing significant transboundary harm.

Secondly, the Court recognized that specialized climate treaties such as the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement do not displace or limit the general obligation of prevention under customary international law. Pakistan had strongly argued against the notion that these treaties represent lex specialis capable of overriding the broader principle of prevention.

Thirdly, the ICJ acknowledged the extraterritorial application of human rights obligations under the International Covenant on Civil and Political Rights (ICCPR), in scenarios where a State allows activities within its territory that negatively impact human rights beyond its borders. This confirmation aligns with Pakistan’s submission that States bear human rights responsibilities when their actions or omissions lead to significant climate-related harm affecting individuals in other States.

The Advisory Opinion as an essential reaffirmation of international solidarity and cooperation, particularly in protecting States vulnerable to the adverse impacts of climate change. Pakistan, being one of the countries most significantly impacted by climate-induced events, has in its submissions urged States to comply with their legal obligations and to strengthen global collaborative efforts to mitigate climate change and support adaptation measures.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

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