China & the ICJ Climate ruling
25 July 2025
On July 23rd, the International Court of Justice (ICJ) delivered a landmark advisory opinion declaring that countries failing to take adequate action on climate change may violate international law - and could potentially owe legal reparations if their inaction causes harm to other states
While the ruling is not legally binding, it carries significant moral and interpretive weight—especially as it draws on human rights law, customary international law, and obligations under key climate treaties like the UNFCCC and the Paris Agreement
China’s Response
China’s foreign ministry welcomed the ruling as reinforcing the existing UNFCCC framework and emphasized that the principles of common climate responsibilities, sustainable development, and equity remain central to interpreting climate obligations.
Accepting its role as a major developing country and contributor to global green technology, spokesperson Guo Jiakun reiterated that China is committed to accelerating its transition to a greener future, while maintaining a leadership role in the push for a global energy transition
Although China is classified as a developing nation under the UNFCCC, the ICJ opinion frames emissions reductions and fossil fuel subsidies not merely as policy choices but as duties under international law.
The court emphasized that activity such as licensing, production, and subsidizing fossil fuels may constitute an “internationally wrongful act” when it breaches those obligations. China may now face heightened scrutiny—both domestically and abroad—over its continued reliance on coal and oil subsidies, particularly if other countries or civil society groups bring litigation or pressure within international forums demanding accountability.
Pressure to enhance climate plans
The court underscored that states must pursue climate action at the “highest possible ambition” to align with the Paris goal of limiting warming to 1.5 °C and that national climate plans (NDCs) must be progressive and not merely incremental improvements. China’s next round of climate pledges—particularly ahead of the COP30 meeting in Brazil—may come under increased international pressure to significantly deepen mitigation targets, phase out coal, scale up renewables, and address historical emissions contributions.
Enhanced leverage for small nations.
Although advisory, the ICJ opinion supplies new legal tools—especially for vulnerable island and developing nations—to push for reparations or compensation from larger emitters.
China, as the world’s largest current emitter and a major green financier to other developing economies, may see its influence tested: some states may argue for loss and damage compensation, debt relief, or other forms of redress tied to China’s historical and recent emissions
China may be required to weigh whether to provide more climate finance or an increased acceptance of climate liability in future diplomacy.
The ruling from the ICJ may well prove to have more potency in political terms than legal ones.
What happens next?
In practical terms, China is unlikely to face debt‑collection lawsuits filed at the ICJ—since the opinion is non‑binding. But its interpretive authority will shape legal reasoning in lower courts, UN bodies, and at COP30.
International lawyers and environmental advocates may cite the ruling as precedent to spur domestic litigation or trade and investment disputes involving Chinese energy firms.
Domestically, China’s leadership may well take the opportunity to accelerate green infrastructure, tighten fossil fuel regulation, and reinforce its positioning as a technology leader. China's official line—that it will make "the world's biggest cut in carbon emission intensity" and move to carbon neutrality in record time—will now come under closer examination amid demand for real progress, not just pledges to act in the unspecified future.
For China, as for many high-emitting countries, the ICJ ruling may not immediately translate into courtroom liability—but it significantly reshapes the discussion around climate responsibility.
The usual issues around legal overreach and breach of sovereignty will no doubt be rolled out.
But high-emitting nations now find it more difficult to claim diplomatic immunity relating to environmental harms, which are global and cross-border. Activities once seen as economic prerogatives have now been framed as international obligations.
That being the case, the United States seems unlikely to accept the ruling, but it remains to be seen how it might react to claims from smaller nations.
The ICJ shifts the political calculus for China: its carbon outputs, its fossil fuel policy, and its climate diplomacy will all be measured in some way against a newly minted global standard of accountability.
In this of course, China is not unique, and the Court's advisory opinion gives China, and others, the option to assert itself as a developing green leader and also to expand its cooperation to address emissions and reduce them.
As COP30 in Brazil approaches and climate litigation surges worldwide, China is among the high-emitting nations that are again being called on to step up on the entire climate change issue.
Asia Media Centre