UN gives more weight to climate litigation

May 25, 2026

In December last year, Ernst Willheim, honorary professor of Law at ANU, asked: “What the ICJ’s climate law decision means for Australia?”. Five months earlier, the International Court of Justice issued a unanimous advisory opinion that states have an obligation to protect the environment from greenhouse gas emissions because “a clean, healthy and sustainable environment is a precondition for the enjoyment of many human rights”. In 2023, the Pacific Island nation of Vanuatu, inspired by the youth group Pacific Island Students Fighting Climate Change, secured UN General Assembly support to seek the advisory opinion. Willheim concluded the ICJ opinion would allow Australians to rely on the court’s legal principles in domestic challenges to approvals for new coal mines and gas projects. Last week, the UN General Assembly backed the ICJ ruling by 141 votes to eight, with 28 abstentions. Australia supported the resolution. To remain consistent with that vote, Australia must now stop approving new coal and gas developments. Willheim’s conclusion that climate litigation in Australia now has international law behind it has only strengthened. If Australia fails to match climate rhetoric with action, its credibility as COP31 president of negotiations will suffer badly.