Episode description

Melissa Stewart, an Assistant Professor of Law at the University of Hawai'i at Mānoa’s William S. Richardson School of Law, joins Lawfare Managing Editor Tyler McBrien to discuss the International Court of Justice’s forthcoming advisory opinion on obligations of states in respect of climate change.

Stewart discusses how we got here, the unprecedented level of participation from states and international organizations in written submissions and oral proceedings, and the main arguments put forth during two weeks of those proceedings in December. She also speaks about how, “in the face of limited jurisdictional pathways to pursue direct accountability against the states most responsible for climate change, states are pursuing creative solutions to seek progress before international courts and tribunals”—a phenomenon she coined “jurisdictional ingenuity” in a forthcoming book chapter.

Mentioned in this episode:

“The ICJ’s Advisory Opinion on Climate Change: A Data Analysis of Participants’ Submissions,” by Thomas Burri

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