Launch of legal advice on Implications of the ICJ Advisory Opinion on climate obligations for Australian directors' duties

In its landmark advisory opinion delivered in July 2025, the International Court of Justice (ICJ) concluded that States owe a duty to prevent significant harm to the climate system. To discharge that duty, the ICJ opined that States must, among other things, regulate the conduct of private actors within their jurisdiction or control, so as to achieve the deep, rapid, and sustained reductions of greenhouse gas emissions required to limit global warming to 1.5 degrees.

The ICJ expressed the view that a breach of the obligation to protect the climate system constitutes an internationally wrongful act giving rise to State responsibility, which could attract consequences such as an obligation to cease the act (or omission) or make full reparations to States, which could include financial compensation for the damage caused by climate change. 

Given the significance of the ICJ advisory opinion, Climate Integrity commissioned a legal advice on the potential implications for Australian directors’ duties in relation to climate-related risks.

This legal advice has been prepared by Ruth Higgins SC, Jennifer Robinson, London Bar, who appeared for Vanuatu in the ICJ proceedings, and Zoe Bush, of the New South Wales Bar.

Climate Integrity invites you to join us for the public launch of this legal advice, and to hear from our expert counsel team.

The legal advice considers the broadened and heightened climate-related risks to which Australian companies and their directors are exposed arising from the ICJ opinion, as well as the duty of directors to respond to the potential policy implications of the opinion.

The public launch of the legal advice will include a briefing on its findings delivered by authors of the legal advice:

• Jennifer Robinson, London Bar, who appeared for Vanuatu in the ICJ proceedings

• Zoe Bush, New South Wales Bar

The event will also be moderated by fellow barrister, Fleur Ramsay, of the Victorian Bar.

Please join us at 5.15pm for a 5.30pm start, and stay for complimentary drinks and conversations after the event.