WYCJ Publishes a Briefing Note on the ICJAO and NDCs

Only days away from COP30, stakes are high and WYCJ is committed to push States to comply with their legal and binding obligations under international law, as clarified by the recently published climate advisory opinion from the International Court of Justice (ICJAO). 

Since the adoption of the Paris Agreement in 2015, one of the main mitigation obligations States have had related to the preparation, communication, and maintenance of successive nationally determined contributions (NDCs) – the main tool through which State Parties to the Paris Agreement would set their mitigation objectives. These need to be submitted every 5 years with 2025 requiring the 3rd successive NDC. As highlighted by the UNEP Emissions Gap Report of 2025, only 60 parties have done so by September 2025 and, overall, NDCs are insufficient to meet the targets set by the Paris Agreement. Also the NDC Synthesis Report shows both an ambition and an accountability gap as many polluting countries have not submitted their NDCs, and those submitted remain insufficient

In light of these developments, it becomes even more urgent for us to understand what exactly States are legally obligated to do under international law. The ICJAO has significantly elaborated on States’ NDCs obligations, clarifying many long-standing uncertainties and, most importantly, undermining many of the arguments long brought by high-polluter States to escape their responsibilities. WYCJ has summarised these findings in its ‘Briefing Note on NDCs and State Obligations under the Paris Agreement: Key Legal Issues Clarified by the International Court of Justice’ 2025 Climate Advisory Opinion’

Key Findings include:

⚖️ Mitigation efforts must be capable of holding the global average temperature to below 1.5°C.

⚖️ States have procedural, substantive, and fulfilment obligations in relation to NDCs – all of which are legally binding, to be assessed objectively, and must fulfill stringent standards clarified by the ICJAO.

⚖️ States must prepare and submit progressively ambitious NDCs outlining climate measures that reflect the State’s highest possible level of ambition; the best available science; due diligence; States’ historical responsibilities and current capabilities; the Global Stocktake; transparency; standards of fairness and equity; and quality, i.e. NDCs which are actually capable of contributing towards achieving the 1.5°C maximum temperature goal and a rapid stabilization of greenhouse gases in the atmosphere. 

⚖️ Under the principle of intergenerational equity, States must employ a long-term, forward-looking, equitable, and intergenerational approach to climate action. 

⚖️ States must do the utmost and make their best efforts to fulfil and implement NDCs.

⚖️ States’ have obligations to regulate and monitor private actors, such as corporations, and to adopt measures in relation to the production, consumption, licensing, and subsidizing of fossil fuels. 

⚖️ Even States that are not Parties to the Paris Agreement and those that have withdrawn from it have similar, if not more extensive, mitigation obligations under customary international law.

⚖️ States that fail to uphold their international legal obligations, including in the preparation and implementation of NDCs, may incur international responsibility and legal consequences. 

If you want to find out more, read the full brief here. 

The Court has clarified the Law and States must uphold the Law.

Now, let’s use it as a tool to fight for climate justice!