A major climate change case commenced on Monday at the highest UN court, focusing on the desperate situation of several small island nations struggling against the severe effects of climate change that threaten their existence. These nations are urging accountability from major polluting countries.
After years of advocacy by vulnerable island nations concerned about potential submersion due to rising sea levels, the U.N. General Assembly last year called on the International Court of Justice for an advisory opinion regarding “the obligations of States in respect of climate change”, reports AP.
“The stakes could not be higher. The survival of my people and so many others is on the line,” declared Arnold Kiel Loughman, attorney-general of Vanuatu, at the opening session of the two-week hearings. He explained that, as the chief legal officer of his country, he had come to court because domestic legal means were inadequate for addressing such an immense crisis. “States have obligations... to act with due diligence, to prevent significant harm to the environment, to prevent, to reduce the emissions and provide support to countries like mine to protect the human rights of present and future generations,” Loughman stated .
Although any ruling by the court would be advisory and not legally binding, it could influence further legal actions, including domestic litigation.
Since 2013, global sea levels have risen by an average of 4.3 centimeters (1.7 inches), with some Pacific areas experiencing even higher increases. The world’s temperature has also climbed by 1.3 degrees Celsius (2.3 degrees Fahrenheit) since preindustrial times, attributed to fossil fuel emissions.
Vanuatu is among the small states pushing for international legal intervention, but the issue impacts many other South Pacific island nations as well. Cynthia Houniuhi, leader of the Pacific Island Students Fighting Climate Change that initiated the case, emphasized the erosion of “the sacred contract” between generations due to climate change. “Without our land, our bodies and memories are severed from the fundamental relationship that define who we are. Those who stand to lose are the future generations. Their future is uncertain, reliant upon the decision making of a handful of large emitting states,” she stated, naming China, India, and the United States as key emitters.
Joie Chowdhury, senior attorney at the Center for International Environmental Law, argued that the actions of major polluters contributing to the crisis are unlawful under various international laws. Ralph Regenvanu, Vanuatu’s climate change envoy, informed the court that emissions have surged by over 50% since 1990, peaking in 2023. “A handful of readily identifiable states have produced the vast majority of historic and current greenhouse gas emissions. Yet other countries, including my own, are suffering the brunt of the consequences,” he noted.
The Hague-based court will hear from 99 countries and more than a dozen intergovernmental organizations over the next two weeks, marking the largest assembly in the court’s nearly 80-year history.
At last month’s U.N. climate meeting, nations reached an agreement on how affluent countries can aid poorer ones facing climate crises. While rich nations pledged to pool at least $300 billion annually by 2035, this amount falls short of the $1.3 trillion experts and affected nations say is necessary.
“For our generation and for the Pacific Islands, the climate crisis is an existential threat. It is a matter of survival, and the world’s biggest economies are not taking this crisis seriously. We need the ICJ to protect the rights of people at the front lines,” said Vishal Prasad, of Pacific Islands Students Fighting Climate Change.
The court’s 15 judges will address two primary questions: What obligations do countries have under international law to protect the climate and environment from human-induced greenhouse gas emissions? And what are the legal consequences for governments whose actions or inactions significantly harm the climate and environment? The second question is particularly focused on “small island developing States” most at risk and “members of the present and future generations affected by the adverse effects of climate change”.
Ahead of the hearings, the UN.’s Intergovernmental Panel on Climate Change briefed the judges on the science behind rising global temperatures.