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July 31, 20252 citations

What the Court Didn’t Say

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JOJed Odermatt

Key Points

  • MAIN FINDING: The post emphasizes significant issues the ICJ did not address in its opinion.
  • KEY EVIDENCE: By examining omissions, the discussion reveals insights into the ICJ’s decision-making process.
  • APPROACH: The analysis focuses on the ICJ's navigations of political sensitivities and institutional constraints.
  • SIGNIFICANCE: Understanding these gaps can improve future international law developments in climate litigation.

Abstract

The aim of this blog post is not to summarise the ICJ’s opinion or assess its overall relevance for international law. Instead, it draws attention to some of the issues that the ICJ did not address, or where it might have gone further, by providing more depth, precision, and guidance. By focusing on what the ICJ did not say, we can gain a better understanding of how it navigates its institutional constraints, political sensitivities, and the evolving terrain of international climate litigation.

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Cite This Study

Jed Odermatt (2025) studied this question.

synapsesocial.com/papers/689a094be6551bb0af8cf1a3https://doi.org/10.59704/ca99ffd63031501e
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