Additionally, a Dutch court recently reinforced corporate accountability by upholding Shell's obligation to significantly reduce greenhouse gas emissions.

A recent ruling by the European Court of Human Rights found Switzerland's inaction on climate change to be a violation of human rights, impacting all 46 members of the Council of Europe.

These hearings will serve as a platform for countries and communities to present their climate challenges and emphasize the accountability of major polluters.

The International Tribunal for the Law of the Sea has already set a precedent by stating that countries must reduce greenhouse gas emissions to protect ocean health.

However, there is a growing backlash against judicial institutions from states opposed to these legal conclusions, underscoring the importance of supporting independent judiciaries as checks against political and corporate power.

In a related context, the UK Supreme Court ruled in June 2024 that decisions on new fossil fuel extraction must consider emissions from burning those fuels, echoing a similar ruling in Norway.

The International Court of Justice (ICJ) is set to hold hearings from December 2 to 13, 2024, focusing on state obligations regarding climate change, which could significantly influence climate action and justice.

These upcoming opinions from the ICJ and the Inter-American Court of Human Rights are anticipated to clarify the legal responsibilities of states to mitigate climate change and hold polluters accountable.

This initiative follows a unanimous UN General Assembly resolution in 2023 that requested the ICJ to provide an advisory opinion on the legal obligations of states to protect the climate system.

The ICJ proceedings have garnered unprecedented engagement, with 91 written submissions and participation from 98 states and 12 international organizations.

The emphasis remains on protecting individual and collective rights to seek justice through courts, especially in the face of the challenges posed by climate change.

In its determinations, the court may reference various legal sources, including human rights treaties and customary international law, to define state duties.