Advisory opinion of the International Court of Justice on climate change: a historic contribution from the Seychelles

On 29 March 2023, the United Nations General Assembly adopted Resolution 77/276, marking a major turning point in the global fight against climate change. This resolution requested the International Court of Justice (ICJ) to issue an advisory opinion on two crucial questions: (i) what are the obligations of States in relation to the protection of the climate system and the environment in the face of anthropogenic greenhouse gas emissions, and (ii) what are the legal consequences for States that have caused significant damage to the climate system, in particular with regard to small island developing States, peoples, and present and future generations.

To answer these questions, the Court invited UN member states and international organisations to submit written statements, exchange observations, and participate in public hearings. This exercise mobilised an unprecedented international community, with the participation of 96 states and 11 international organisations.

As a small island developing state on the front line of climate impacts, Seychelles played a decisive role in this historic proceeding. Echoing the voices of vulnerable populations, its contribution highlighted the urgency of clarifying international legal obligations to combat climate change and protect the environment.

The Seychelles delegation, led by Ministers Flavien Joubert and Anthony Derjacques, and Attorney General Vinsent Shashikalum Perera, distinguished itself with its arguments against the lex specialis theory and its reminder of the importance of science in attributing harmful facts. At every stage of the proceedings, Seychelles strongly defended the rights of small island states in the face of global climate inaction.

Sygna Partners is proud to have had the honour of assisting Seychelles throughout this historic proceedings. The International Litigation Department – Prof. Jean-Marc Thouvenin, Andrés Villegas, Eglantine Canale Jamet and Noémie Patarozzi – worked closely with the delegation to prepare written submissions and observations to effectively assist the Court in drafting its opinion and to prepare its observations for the public hearings.