Decoding Discretion in International Environmental Law: A Study of the ITLOS Advisory Opinion on Climate Change

Description

This paper presents an initial study into the role of discretion in international environmental law, focusing on the 2024 ITLOS Advisory Opinion on Climate Change. Recognising the complexities introduced by climate change litigation across multiple international bodies, this study proposes a method for comparing the reasoning structures of decision-makers in international environmental law. The method involves developing a framework for modelling reasoning structures using a natural-language version of reason-based logic (reason-based reasoning, RBR), employing Large Language Models (LLMs) like GPT-o1 to apply the framework to legal texts, and representing the results as networks. In this pilot study, the author manually maps a segment of the ITLOS advisory opinion and then uses GPT-o1 to extend this mapping to a broader section. The reasoning structures are visualised through networks. This approach aims to help practitioners and researchers compare the climate litigation practices among various actors, highlighting patterns and discrepancies in their discretions.

Period	6 Nov 2024
Held at	RS: FdR Institute MCLJ