Malta welcomes the historic advisory opinion announced on Wednesday evening by the International Court of Justice (ICJ), affirming that climate change is a “common concern of humankind” and underscoring states’ binding legal obligations to prevent environmental harm, protect human rights, and uphold their responsibilities under international law amid the climate crisis.
Malta was one of 132 United Nations (UN) member states to co-sponsor the UN General Assembly Resolution A/RES/77/276 in March 2023, initiated by Vanuatu and other Small Island Developing States (SIDS), which requested the ICJ advisory opinion.
Deputy Prime Minister and Minister for Foreign Affairs and Tourism, Ian Borg, hailed the decision as a decisive milestone that reaffirms Malta’s pioneering contributions to climate diplomacy and international law over more than three decades.
“The ICJ has affirmed what Malta has long championed – climate change is the common concern of humankind. Protecting the global commons requires multilateral cooperation grounded in the rule of law. This is a victory for our shared future,” Dr Borg stated.
While advisory and non-binding, the ICJ’s opinion carries significant moral and legal authority. It confirms that states have binding obligations under treaty and customary international law to mitigate emissions, cooperate internationally and protect human rights. The opinion is expected to influence global climate negotiations, national policies, and future climate litigation.
This is the second time that the ICJ has affirmed Malta’s efforts on climate change. In 1988, Malta initiated the proposal before the Sixth Committee of the UN General Assembly that led to the unanimous adoption of Resolution 43/53, Protection of Global Climate for Present and Future Generations of Mankind. This resolution formally recognised climate change as a common concern of humankind, establishing the foundational principle that the global climate system is a shared resource requiring collective stewardship. Malta had emphasised that obligations to address climate change are erga omnes, binding on all states under international law. These principles have now been reaffirmed by the ICJ through its advisory opinion on Wednesday.
As a frontline island state, Malta has consistently advocated for stronger legal and policy frameworks to address climate-related security threats.
During its Presidency of the United Nations Security Council in February 2023, Malta chaired a ministerial-level open debate on sea-level rise and its implications for international peace and security, highlighting critical legal gaps in international law regarding climate-related threats to peace and security, and the urgent and existential risks faced by island nations. The ICJ’s advisory opinion this week is now supporting those very legal considerations Malta brought to the table during that debate.
SIDS are particularly vulnerable to climate-induced threats, and in response, Malta has recently co-developed the Climate Vulnerability and Resilience Index (CVRI) to help reduce these vulnerabilities and enhance the resilience of SIDS.
“As we celebrate the 10th anniversary of the Paris Agreement, Malta reaffirms its steadfast commitment to the full implementation of this vital multilateral framework, the strengthening of climate commitments, and the collective stewardship of our planet for present and future generations,” the Deputy Prime Minister concluded.