Last week, the International Court of Justice (ICJ) delivered a historic advisory opinion that clearly outlines the legal obligations of States under international law to mitigate and adapt to climate change.
Why does this matter?
For climate-conscious investors:
The ICJ has confirmed that States have binding legal duties - under the Paris Agreement, customary international law, and human rights law - to act on climate change.
It’s a clear signal that climate action is no longer just a moral or market preference - it’s a legal requirement.
For ESG sceptics:
This isn’t just about greenwashing or public sentiment. The ICJ affirmed that failure to regulate emissions - including from private actors - may constitute an internationally wrongful act, where it breaches a State’s obligations.
This includes fossil fuel subsidies, exploration licenses, or regulatory inaction.
What's new or different? 🌍
For the first time, the Court confirmed that climate obligations are erga omnes (owed to all). This gives all States a legal interest in enforcement and reinforces the growing pressure from affected communities.
The Court emphasised that legal responsibility can arise not from emissions themselves, but from failing to meet legal duties to prevent harm.
The key takeaway for fund managers 💡
In an environment of political backlash (especially in the US), it’s become easier for some to sideline ESG.
But this ruling shows climate risk is increasingly becoming legal risk - and ignoring it could expose your portfolio to material downside.
Forward thinking- funds are integrating ESG data for not for virtue signalling, but to price in this evolving legal and regulatory landscape.
Our Platform delivers fast, transparent, and cost-effective climate data and analytics - empowering asset managers to make informed, forward-looking investment decisions.
ESG Intelligence which is fast, transparent and affordable - only on the Integrum Platform.