The Obligations of States in Respect of Climate Change:
Switzerland’s Position Before the ICJ in the Advisory Opinion Proceedings

Steeve Guillod & Franz Xaver Perrez

In the course of the advisory opinion proceedings on the obligations of States in respect of climate change, before the International Court of Justice, Switzerland submitted that a due diligence obligation to reduce greenhouse gases (GHG) emissions has existed since the 1990s and that States with higher emissions and higher capacity are expected to undertake higher efforts. It argued that the Paris Agreement is based on current realities and not ones from the last millennium. Switzerland also considered that, according to the territorial principle, human rights bind all States in the context of climate change. It further submitted that the climate change treaties are not a lex specialis but shape t he standard of due d iligence w hose i nfringement leads to cessation and non-repetition obligations. While current international law lacks clear guidance on specific GHG reduction obligations and compensation, Switzerland advocated for the polluter pays principles to guide international responsibility.

This article was finalised on 15 June 2025, before the International Court of Justise has given its advisory opinion.