Due to the slow pace of the negotiations on Climate Change, in addition to the weak obligations in the current international legislation with respect to Climate Change, proposals for seeking advisory opinion from international courts were raised from time to time. Currently, there are two initiatives to obtain an advisory opinion on the obligations of States to address climate change in accordance with the rules of international law, one related to obtaining an advisory opinion from the International Court of Justice, by referral from the United Nations General Assembly, and is expected to be considered at the beginning of 2023, and the other has already succeeded in submitting a request for Advisory opinion from the International Tribunal for the Law of the Sea in December 2022, regarding the obligations of States to prevent pollution of the marine environment and protect it from the effects of climate change. While recognizing that intergovernmental negotiations are the usual way to develop international legislation on emerging topics of international law, and that the attempt by States to obtain an advisory opinion from international courts on a subject that has not been fully resolved through international negotiations, with a view to influencing the formulation of international legislation, constitutes an unusual path for the development of international legislation. This study seeks to explore the status of international legislation on climate change, and the reasons behind resorting to unfamiliar ways to develop it, considering that this is the actual developments, and move from that to examining the request for advisory opinion from international courts and the extent to which this is possible, and its impact on the development of international legislation on climate change, as a future aspiration.