Climate Disinformation as Addressed by the Three Climate Advisory Opinions 

The spread of false or misleading information about climate change is a serious challenge which has already hindered our collective response to the climate emergency. As climate disinformation continues to circulate, its obfuscation of the hard scientific reality of climate change further undermines efforts to act on the necessary scale, with the necessary urgency, to pull us back from the brink of disaster. Deliberate campaigns to sow doubt about the facts underlying the climate emergency have been exposed by various sources (two of many examples are the 2015 investigative journalism series on Exxon from Inside Climate News, and the work of environmental journalist Amy Westervelt), and mirror the tactics employed by the tobacco industry to downplay the carcinogenic effects of cigarette smoking in the 20^th century. Climate misinformation and disinformation is too often reproduced by public officials and world leaders, further undercutting public support for ambitious climate policy. It is therefore of the utmost importance that governments adequately address this problem by promoting widespread understanding of the reality of our climate crisis. 

This Litigation Note from IGSD assesses how the topic of climate disinformation is addressed within the three recent advisory opinions on States’ international law obligations to address climate change (from the International Tribunal for the Law of the Sea (2024), the Inter-American Court of Human Rights (2025), and the International Court of Justice (2025)). It is intended to provide a guide for advocates and litigators who wish to better understand the advisory opinions’ takeaways on this topic. The Litigation Note includes an annex listing all of the State obligations identified in Section C.3 of the Inter-American Court’s Advisory Opinion, spanning not only measures to counter disinformation, but also obligations to produce and disseminate accurate climate information. 

In 2026, IGSD updated its compendium of key climate jurisprudence to reflect the monumental developments represented by the 2025 climate Advisory Opinions from the Inter-American Court of Human Rights and the International Court of Justice. Summaries and analyses of these opinions can now be found in Annex 2 of the document. The compendium now covers all 3 climate advisory opinions from major international courts and tribunals; the International Tribunal for the Law of the Sea (ITLOS), the Inter-American Court of Human Rights, and the ICJ. 

IGSD’s original jurisprudence compendium of key climate cases, published in June 2025, analyzed 28 climate cases from 21 jurisdictions worldwide. 

These cases were selected to highlight the following important themes in global climate change jurisprudence.  

• Supervision and accountability of state and non-state actors in addressing climate change 
• Use and importance of climate science 
• Human rights and climate change
• States’ obligations under international treaties to address climate change 
• Judicial development and evolution of legal principles to address climate change
• Access to justice and legal standing to bring climate cases

Portuguese translation of the original compendium is available here.

Spanish translation of the original compendium is available here.

Portuguese and Spanish translations of Annex 2, incorporating analysis of the ICJ and Inter-American Advisory Opinions on climate, are forthcoming. 

This publication compiles fourteen thematic documents developed through the collaborative efforts of a coalition of environmental, human rights, and academic organizations, alongside experts who have actively participated in the advisory proceedings from the outset. The topics reflect the main thematic areas articulated by the Court in the Advisory Opinion and are organized into four sections: (i) Foundational Rights and Knowledge; (ii) State and Corporate Obligations; (iii) The Rights of Affected Peoples and Groups; and (iv) Environmental Democracy and Remedies.

Co-authored by CIEL, IGSD, and more than 20 organizations and experts. Each brief was prepared by a lead organization and subjected to rigorous peer review to ensure accuracy and consistency. Together, they provide an in-depth analysis of the Advisory Opinion’s key contributions, its legal and practical implications, and the gaps and opportunities this landmark decision presents across the selected thematic areas. They also present arguments, standards, and practical recommendations aimed at strengthening climate litigation and advocacy strategies.

Also available in Spanish, Justicia Climática y Derechos Humanos: Estándares y Herramientas Jurídicas de la Opinión Consultiva 32/25 de la Corte Interamericana de Derechos Humanos.

IGSD’s supplementary brief presented to the Inter-American Human Rights Court Advisory Opinion Proceedings on the Human Right to Resilience. This supplementary brief further addresses the legal obligations of States to establish and maintain climate resilience in response to the climate emergency to protect and ensure human rights. 

Also available in Spanish, El Reconocimiento del Derecho Humano a la Resiliencia en Tiempos de Emergencia Climática, here.