The court, in its Advisory Opinion, found that the countries have binding legal obligations under international law and customary international law to prevent and address the harmful impacts of climate change.
The decision follows a request from the United Nations General Assembly for an Advisory Opinion regarding the climate change obligation of states. The initiative for this Advisory Opinion was championed at the United Nations by Vanuatu, inspired by a youth-led campaign calling for climate justice and legal accountability. This youth-driven movement underscored the urgency of international legal action in response to the worsening climate crisis.
According to the Minister for Justice and Attorney General Pila Niningi, PNG was among other countries that made an oral submission to the World Court, advocating for stronger legal accountability in the face of rising global emissions. The case was heard in December 2024.
“In our submission, we rallied with Vanuatu and other countries for this outcome. We are pleased with the outcome,” Minister Niningi said.
Minister Niningi led PNG’s representation which included PNG Ambassador to the United Nations Fred Sarufa, Secretary for the Department of Justice and Attorney General (DJAG) Dr Eric Kwa, Public Solicitor Leslie Mamu, and then Acting Solicitor General E'ava Geita. The team also comprised DJAG lawyers, Office of the Public Solicitor, and the Climate Change and Development Authority.
The World Court made the following key findings:
• States must take action under both international treaties (e.g., UNFCCC, Paris Agreement, UNCLOS) and customary international law to mitigate greenhouse gas emissions and protect the climate system;
• Due diligence standards are high: States must adopt and enforce robust legal, regulatory, and policy activities to prevent environmental harm. Small Island Developing States were specifically recognized as especially vulnerable and legal protection from climate-related harm;
• States that breach their obligations, through acts or omissions, can be held responsible under international law for resulting harm to other States, peoples, and future generations;
• The Court recognized climate change as a human rights issue, affirming the interdependence between environmental protection and rights to life, health, water, housing, and a clean and sustainable environment.
The Court's Opinion carries significant legal and political weight, and will;
• Strengthen the legal basis for SIDS and vulnerable nations to demand meaningful climate action and support;
• Serve as an authoritative guide for interpreting and applying international climate treaties, especially in the context of litigation and policy-making;
• Provide a legal foundation for holding major emitters accountable where their emissions cause significant harm;
• Reinforce Papua New Guinea's efforts to pursue international cooperation, climate financing, and technical assistance as a matter of legal entitlement, not charity;
• Support integration of international climate and human rights standards into national laws, policies, and enforcement frameworks.
“This is a moment of immense pride for Papua New Guinea. Our voice was heard at the world's highest court,” Minister Niningi said. “The ruling confirms that climate justice is not just a political goal, it is a legal imperative.”
“I encourage all relevant agencies to use this decision to strengthen our domestic laws, advocate internationally, and protect our people and ecosystems for generations to come.
“Papua New Guinea reaffirms its commitment to working in solidarity with other small island nations and the international community to achieve effective, equitable, and legally grounded climate action,” Niningi added.