EXPLANATION OF VOTE BY
AHMAD GHAZALI BIN MUHAMAD NADZRI
COUNSELLOR
PERMANENT MISSION OF MALAYSIA TO THE UNITED NATIONS
FOLLOWING THE ADOPTION OF
THE RESOLUTION ON THE ADVISORY OPINION OF THE INTERNATIONAL COURT OF JUSTICE ON THE OBLIGATIONS OF STATES IN RESPECT OF CLIMATE CHANGE
AT THE 80TH UNITED NATIONS GENERAL ASSEMBLY
20 MAY 2026
Madam President,
2. Malaysia voted in favour of the resolution entitled “Advisory Opinion of the International Court of Justice on the Obligations of States in respect of Climate Change”.
3. Malaysia wishes to express its appreciation to the co-facilitators, Vanuatu and the Core Group, for their constant efforts in steering the consultations on this important resolution. We also acknowledge the constructive engagement undertaken throughout the negotiation process and the efforts made to reflect the views and concerns of delegations.
Acknowledge the Advisory Opinion of the International Court of Justice (ICJ)
4. Malaysia understands the significance of the Advisory Opinion of the International Court of Justice (ICJ) and the importance of international cooperation, to address climate change in a manner that is consistent with international law.
Climate Change Treaties
5. Malaysia believes in the spirit of multilateralism of our strong commitment to addressing climate change, through the United Nations Framework Convention on Climate Change (UNFCCC), Kyoto Protocol and the Paris Agreement (“climate treaties”).
6. Malaysia reaffirms that these climate treaties remain the primary international, intergovernmental frameworks for negotiating and implementing the global response to climate change.
Recalling Guiding Principles: Common But Differentiated Responsibilities And Respective Capabilities (CBDR-RC), in light of National Circumstances
7. Malaysia emphasises that the consensus of all parties in these climate treaties is guided by the principles of equity.Climate action must continue to be guided by equity, the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances.
8. On this note, Malaysia wishes to highlight that the specific needs and special circumstances of developing countries that would have to bear a disproportionate or abnormal burden under the climate treaties should be given full consideration of their social and economic conditions, as well as their efforts to balance sustainable development with poverty eradication, food and energy security, and a just transition .
Address Malaysia’s Position
9. Having said that, Malaysia wishes to place on record several important understandings.
10. First, Malaysia’s support for this resolution should not be interpreted as acceptance of any new legal obligations beyond those that Malaysia has expressly undertaken under the relevant treaties to which Malaysia is a party. Malaysia understands the Advisory Opinion as a clarification of existing international law, rather than as creating new treaty obligations or a new legislative mandate.
11. Second, with regard to references to due diligence, including the description of such standard as “stringent”, Malaysia understands these references as reflecting the findings of the Court within the specific context of the Advisory Opinion. They should not be interpreted in a manner that overrides the nationally determined character of the Paris Agreement, or as imposing a uniform standard of implementation without due regard to national circumstances, capabilities, development needs and available means of implementation.
12. Third, Malaysia notes the references in the resolution to the collective temperature goal, renewable energy, energy efficiency, transitioning away from fossil fuels, net zero by 2050 and fossil fuel subsidies. Malaysia understands these references as policy-oriented calls to be implemented in the context of the Paris Agreement, and in accordance with different national circumstances, pathways and approaches. For developing countries, including Malaysia, the implementation of climate ambition is closely linked to the provision of adequate, predictable and accessible means of implementation, including climate finance, technology transfer and capacity-building.
13. Fourth, Malaysia wishes to place on record its position on the reference to non-refoulement in the resolution. Malaysia’s support for the resolution should not be construed as acceptance of any interpretation that would alter or expand Malaysia’s sovereign position on the status and scope of the principle of non-refoulement under international law. Malaysia understands the relevant paragraph as merely recalling the finding of the Court, and not as creating, expanding or modifying Malaysia’s existing legal obligations.
14. Fifth, Malaysia takes note of the references to State responsibility and reparation in the resolution. Malaysia understands these references as reflecting the Court’s findings and the general conditions under international law, including the requirement of a sufficiently direct and certain causal nexus. Malaysia’s support for the resolution should not be interpreted as acceptance of automatic State responsibility, automatic liability, or any compensation or reparation mechanism in relation to climate change.
15. Sixth, with regard to the request for a report by the Secretary-General, Malaysia understands that any follow-up process should remain State-driven, transparent, inclusive, and consistent with existing mandates. It should not duplicate or undermine the work of the UNFCCC, the Kyoto Protocol and the Paris Agreement (“climate treaties”), or existing mechanisms and procedures under those frameworks. Any such process should also be without prejudice to the legal positions of States and should not imply any determination of responsibility.
Madam President,
16. Malaysia remains fully committed to international cooperation in addressing climate change. We believe that the global response to climate change must be cooperative, facilitative, non-adversarial and non-punitive, particularly in the context of the Paris Agreement. Our support for this resolution is therefore based on the understanding that it will contribute to enhanced multilateral cooperation, while respecting the centrality of the UNFCCC, the Kyoto Protocol and the Paris Agreement (“climate treaties”), the principle of CBDR-RC, and the different national circumstances of States.
I thank you.