The role of civil society in the climate change advisory proceedings

This chapter examines the influential role of civil society in the climate change advisory proceedings before the International Court of Justice (ICJ), International Tribunal for the Law of the Sea (ITLOS), and Inter-American Court of Human Rights (IACtHR). While these proceedings primarily engage states and intergovernmental organisations, civil society actors, including NGO s, youth groups, Indigenous communities, and transnational advocacy networks, have been essential catalysts and contributors. The chapter first analyses procedural limitations at each tribunal and contrasts the relatively restrictive policies of the ICJ and ITLOS with the IACtHR’s inclusive approach. Despite procedural constraints, civil society has effectively engaged in advisory proceedings, employing strategies like amicus curiae submissions, coordinated campaigns, and knowledge-sharing initiatives. We highlight five key ways civil society shapes these proceedings: (1) catalysing the advisory requests, (2) contributing substantive input despite procedural limitations, (3) educating and coordinating participants, (4) promoting advisory opinions’ implementation, and (5) leveraging advisory opinions to support broader climate litigation. These actions underscore civil society’s pivotal role in advancing climate justice within international law, amplifying diverse voices, and enhancing climate litigation’s impact beyond the immediate advisory context.