Multinational enterprises and the Global South: defining the climate legal framework through three International Courts' Advisory Opinions

Abstract

Imprese multinazionali e Sud globale: la definizione del quadro giuridico climatico attraverso tre International Courts' Advisory Opinions - This article examines the evolving international legal framework governing States’ obligations in relation to climate change, specifically focusing on the implications for multinational enterprises. The analysis pertains to the three recent Advisory Opinions delivered by the ITLOS, IACtHR and ICJ, which shed light on the scope of States’ climate obligations and their potential to influence corporate conduct. By extrapolating some key principles from these Opinions, the article seeks to identify how international law may contribute to guiding multinational enterprises toward sustainable practices, particularly in the Global South, thereby advancing a more coherent and updated legal framework for climate governance.

Keywords: State obligations under international law; Climate change law and governance; Due diligence; Advisory opinions; Multinational enterprises