The impact on domestic law of climate change-related advisory opinions: the experience of the IACtHR and the ITLOS

Medici-Colombo, Gáston; Rocha, Armando

http://hdl.handle.net/10400.14/55153

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Authors

Medici-Colombo, Gáston

Rocha, Armando

Abstract(s)

As advisory opinions clarify States’ obligations under international law, it is natural that domestic measures aimed at complying with such obligations need to be re-assessed in light of those advisory opinions, regardless of their non-binding character. This chapter looks to the stance taken by the IACtHR itself on the domestic impact of its opinions and to the case law of domestic courts on this matter, although mindful that States may have changed, or need to change, their domestic laws after, and consequential to, an IACtHR’s opinion. In the analysis of the advisory opinions of the ITLOS, this chapter looks very briefly at the adoption of domestic legislation after the rendering of its opinions. This chapter does not assess the experience related to the ICJ’s opinions.

Keywords

Advisory opinions Compliance Control of conventionality Enforcement Execution Implementation Inter-American court of human rights International Tribunal for the law of the sea

URI

http://hdl.handle.net/10400.14/55153

Citation

Medici-Colombo, G., & Rocha, A. (2025). The impact on domestic law of climate change-related advisory opinions: the experience of the IACtHR and the ITLOS. In A. Rocha, & M. A. Tigre (Eds.), The role of advisory opinions in international law in the context of the climate crisis (pp. 306-325). (Nijhoff Law Specials; Vol. 112). Brill Nijhoff. https://doi.org/10.1163/9789004730618_013