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

Gáston Medici-Colombo; Armando Rocha

doi:10.1163/9789004730618_013

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

Gáston Medici-Colombo, Armando Rocha

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

Abstract

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.

Original language	English
Title of host publication	The role of advisory opinions in international law in the context of the climate crisis
Editors	Armando Rocha, Maria Antónia Tigre
Place of Publication	Boston
Publisher	Brill Nijhoff
Chapter	12
Pages	306-325
Number of pages	20
ISBN (Electronic)	9789004730618
ISBN (Print)	9789004730601
DOIs	https://doi.org/10.1163/9789004730618_013
Publication status	Published - 23 Jun 2025

Publication series

Name	Nijhoff Law Specials
Volume	112
ISSN (Electronic)	0924-4549

Keywords

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

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.1163/9789004730618_013Licence: CC BY-NC-ND

122447765Final published version, 350 KBLicence: CC BY-NC-ND

http://hdl.handle.net/10400.14/55153Licence: CC BY-NC-ND

Cite this

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

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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 & MA Tigre (eds), The role of advisory opinions in international law in the context of the climate crisis. Nijhoff Law Specials, vol. 112, Brill Nijhoff, Boston, pp. 306-325. https://doi.org/10.1163/9789004730618_013

The impact on domestic law of climate change-related advisory opinions: the experience of the IACtHR and the ITLOS. / Medici-Colombo, Gáston; Rocha, Armando.
The role of advisory opinions in international law in the context of the climate crisis. ed. / Armando Rocha; Maria Antónia Tigre. Boston: Brill Nijhoff, 2025. p. 306-325 (Nijhoff Law Specials; Vol. 112).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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

Abstract

Publication series

Keywords

UN SDGs

Access to Document

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The role of advisory opinions in international law in the context of the climate crisis

Cite this