Tuesday, 26 August 2025
How it went and what’s next on this landmark opinion.
When the International Court of Justice’s (“ICJ”) advisory opinion on states’ obligations in relation to climate change came out on 23 July 2025, we immediately realised that it was paramount for climate leaders in Malaysia to develop some understanding around its significance.
Hence, we promptly organised our seminar The ICJ Advisory Opinion on Climate Change and What it Means for Malaysia for organisations and leaders who need to be at the forefront of climate law and policy, on 19 August 2025 at the Asian Institute of Chartered Bankers. Places were swiftly taken up by senior leaders from Petronas, CIMB Group and Climate Governance Malaysia, from legal and non-legal disciplines.
The seminar was a compact 2-hour session. Jia Yaw, who conducted the seminar, began with how the questions came to be posed to the ICJ, the scope of the ICJ’s inquiry, what was at stake as the judges considered which laws were relevant (the lex specialis argument), the ICJ’s finding on states’ obligations, concepts on attribution and causality, the issue of fossil fuel production, legal consequences when states breach their climate obligations, what it means for Malaysia, especially in the context of its present climate governance framework, and potential impacts on corporate Malaysia. It was dense with technical aspects of international law and global climate governance, but the time flew by as the delegates were highly interested and engaged throughout!
During the Q&A session, Dr. Gary Theseira (Chair, Council, Climate Governance Malaysia) shared a powerful moment. He explained that when Jia Yaw narrated the ICJ's finding — that customary international law co-exists with and informs climate change treaties (i.e. the UN Framework Convention on Climate Change, Kyoto Protocol and Paris Agreement) rather than being displaced by them — it brought a deep sense of vindication for developing country negotiators. This ruling is significant because it firmly rejects the arguments from big emitter nations who have been arguing that equitable principles under customary international law have no place in climate agreements if they are not codified in the climate change treaties. (For context, Dr. Gary was previously Malaysia’s climate negotiator for 14 UN Climate Change Conferences.) The advisory opinion will certainly shape climate negotiations at COP 30 in Belém, Brazil.
We hope the seminar was helpful, and that the insights gained will prove useful in the delegates' respective work. We are deeply encouraged by the wonderful post-seminar feedback received. Here’s what a few of the delegates had to say:
“You managed to make a deeply complex and nuanced topic not only digestible but genuinely engaging. Your clarity, depth of knowledge, and ability to connect the legal intricacies with real-world implications were truly appreciated. We left the session not just informed, but inspired. It's rare to walk away from a legal seminar feeling both smarter and more hopeful." ~ Senior General Counsel, Petronas
“Mr. Kiu is highly knowledgeable in this field and I truly appreciate his ability to break down complex issues into easy to understand and remember concepts and ideas.” ~ Senior Legal Counsel, Petronas
“Thanks so much for a really excellent summary of the ICJ Advisory Opinion. As I mentioned, it represents a vindication for all the developing country negotiators who insisted that all the relevant principles be included in all the treaties.” ~ Dr. Gary Theseira, Chair, Council, Climate Governance Malaysia
A Landmark Ruling, A Malaysian Imperative
The judges of the ICJ have expended a monumental effort in producing this advisory opinion which marks a new era of legal accountability for climate change. Where the preceding years have witnessed the steady erosion of the rights- and principles-based approach to global climate negotiations, this opinion has provided legal clarity on states’ obligations for ensuring that the world does not exceed the collective 1.5°C goal. This includes states’ obligations to regulate the activities of private actors within their jurisdiction. The message is clear for the private sector: everyone has to proactively integrate climate risks and their associated human rights impacts into their core decision-making processes.
For Kiu & Co., this seminar is our first step towards a broader conversation that needs to happen in Malaysia, and we will continue to contribute to this multi-sectorally.
We will be hosting more seminars and workshops that relate not only to this advisory opinion but the myriad themes that it relates to – business & human rights, climate litigation, air pollution, climate governance, ESG, sustainability disclosure frameworks, the risks of pursuing false climate solutions (i.e. solutions that seem strategic on paper but are not anchored on human contexts, human rights and principles), and more.
If you have missed this seminar and are interested in future sessions, please contact Mellaney Goh at mellaney.goh@kiu-co.com.
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