Law Report

Is Australia fulfilling its legal duty to act on climate change? And High Court orders return of Bolivian artefact

Sep 23, 2025
Vishal Prasad, Campaign Director for Pacific Islands Students Fighting Climate Change, discusses the implications of the recent ICJ advisory opinion on climate change and Australia's climate action efforts. He critiques Australia’s 2035 Nationally Determined Contribution and emphasizes the need for stronger commitments. Donna Yates, a criminologist and expert in trafficked cultural objects, dives into the High Court's ruling on the return of a Bolivian Tiwanaku artefact, shedding light on its provenance and the impacts of the antiquities trade.
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ADVICE

Revise NDCs And Halt Fossil Approvals

  • Revise NDCs now to meet international obligations and keep 1.5°C alive ahead of COP negotiations.
  • Stop approving fossil fuel expansions because such approvals contradict obligations and may be internationally wrongful acts.
INSIGHT

UN Follow-Up Can Build Compliance Pressure

  • Follow-up UN mechanisms and reporting can build pressure and accountability for implementing the ICJ advisory opinion.
  • Vishal Prasad sees such measures as adding momentum for compliance with international law.
ADVICE

Mobilise Campaigns Around The ICJ Opinion

  • Use the ICJ advisory opinion in civil society campaigns to hold governments accountable and push for 1.5°C-aligned NDCs.
  • Monitor NDC submissions closely as an easy, measurable yardstick of state compliance and ambition.
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