Background

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Following the advisory opinion of the Inter-American Court of Human Rights (IACtHR) on “climate emergency and human rights”, the International Court of Justice (ICJ) issued an advisory opinion on “obligations of states in respect of climate change”. These twin opinions of July 2025 are likely to shape the future of global climate governance and sustainable development, with clear implications for states, businesses and other stakeholders.

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The IACtHR’s advisory opinion clarified that states and companies must adopt urgent, science-based, and rights-aligned climate actions. The opinion recognized the right to a healthy climate as a component of the right to a healthy environment and affirmed that this right protects both present and future generations. The IACtHR’s advisory opinion underscored that states must uphold a wide range of substantive rights threatened by climate change with a particular focus on those in vulnerable situations. It also reaffirmed procedural environmental rights, calling on states to guarantee access to information, meaningful participation, access to justice and protection of environmental human rights defenders. 

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The ICJ concluded that states have a binding obligation – both under treaties customary international law – to protect the climate system and other parts of the environment from anthropogenic greenhouse gas emissions. These obligations are shaped by general principles of sustainable development, common but differentiated responsibilities and respective capabilities, intergenerational equity and the precautionary principle. The ICJ concluded that a breach of obligation by states will constitute an internationally wrongful act entailing cessation of the wrongful actions or omissions, guarantees of non-repetition and full reparation in the form of restitution, compensation and satisfaction. 

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Both courts underlined that states should act with enhanced due diligence, practice international cooperation and regulate private actors (including fossil fuel companies) within their territory or jurisdiction. 

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While not legally binding, the two advisory opinions assumes special significance for the Association of Southeast Asian Nations (ASEAN), as ASEAN Intergovernmental Commission on Human Rights (AICHR) is set to adopt two declarations in 2025: the Declaration on the Right to a Safe, Clean, Healthy and Sustainable Environment; and the Declaration on Promoting the Right to Development and Peace, Towards Realising Inclusive and Sustainable Development. 

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Taking ASEAN region as a case study, this Roundtable will explore how the two advisory opinions and the proposed declarations can support pathways for inclusive and sustainable development in the region amidst the worsening climate crisis. It will offer a platform to share practical steps that governments, companies and civil society organisations are taking (or could take) to achieve inclusive, sustainable and peaceful development in ASEAN.

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Key Objectives

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This Roundtable will examine:

• The interface between the right to a clean, healthy and sustainable environment and the right to development in ASEAN.

• Implications of the two advisory opinions on states’ duty to regulate businesses to combat climate change.

• How children, youth, women, Indigenous Peoples, migrants and refugees, environmental human rights defenders, trade unions and civil society organisations can leverage the two advisory opinions and the proposed declarations to achieve inclusive and sustainable development in ASEAN.

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Guiding Questions

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• How should ASEAN states and companies act differently to contribute to inclusive and sustainable development amidst the worsening climate change crisis? 

• How to resolve any potential conflicts between the right to a clean, healthy and sustainable environment and the right to development? 

• What are promising sustainable development practices in ASEAN that should be scaled up and mainstreamed?​

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Session Partners