In-House Research Seminar
In-House Research Seminar: Advisory Opinions on Climate Change and State Responsibility in the Americas
FGV Jean Monnet Centre of Excellence on EU-South America Global Governance, FGV Direito Rio, Rio de Janeiro
On April 24, the FGV Centre for Global Law (CPDG) and the FGV Jean Monnet Centre of Excellence on EU-LA Global Challenges (CEJM), co-funded by the European Union under the Erasmus+ Programme and both directed by Professor Paula Wojcikiewicz Almeida, held an In-House Research Seminar to discuss the working paper The ICJ, ITLOS and IACtHR Advisory Opinions and the Global Commons: Systemic Integration and Loss-and-Damage Reparation in the Americas.
The seminar featured a presentation by CPDG researcher Mariana Mariani, who developed the study under the supervision of Professor Paula Wojcikiewicz Almeida. The presentation examined one of the Centre's ongoing research projects by analysing the three landmark advisory opinions on States' obligations concerning climate change delivered by the International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights (IACtHR), and the International Court of Justice (ICJ). The discussion focused on whether these advisory opinions should be understood as complementary components of a broader and coherent international legal framework, while taking into account the distinct jurisdictional mandates and approaches of each tribunal.
Drawing on the advisory opinions, relevant case law, primary sources, and contemporary scholarship, the research explored the emerging legal framework governing State responsibility for transnational loss and damage, with particular attention to its implications for Latin American and Caribbean (LAC) States. The study argued that, when interpreted together, the three opinions converge around common principles, including the protection of the climate system as a global common, reliance on the best available scientific evidence, and the objective of limiting global warming to 1.5°C. Collectively, they provide an important roadmap for the interpretation and development of international obligations related to climate change and transnational environmental harm in the region.
Following the presentation, researchers from the Centre for Global Law (CPDG) and the Jean Monnet Centre of Excellence (CEJM) offered comments and suggestions aimed at strengthening the research. The seminar concluded with a productive Q&A session, fostering an engaging discussion on the evolving role of international courts and tribunals in addressing climate change and shaping State responsibility under international law.
The CPDG and the Jean Monnet Centre of Excellence thank all participants for their valuable contributions and look forward to the continued development of this research.
