Page 12 - IB April 2023

Climate Change Climate Change

UN RESOLUTION A VICTORY FOR

PACIFIC YOUTH

NOW “THE REAL WORK BEGINS”

Nic Maclellan and Samantha Magick lighted the importance of the initiative.
“The ICJ is the principal legal organ of the United Nations
The United Nations’ adoption of a resolution calling for an under the UN Charter,” Tuiloma said. “If it comes up with an
advisory opinion from the International Court of Justice (ICJ) advisory opinion requested by the United Nations General As-
on the obligations of States on climate change, is a victory for sembly, in my view, it is binding on the United Nations. If you
the Pacific, and for a group of former law students, who first accept that type of reasoning, then it is more than an authori-
mooted the action four years ago. tative statement of international law on state responsibility.
The campaign that led to the resolution was first conceived It must have at least a guiding authority for the UN General
in a USP law classroom, with the students involved organis- Assembly itself and of UN agencies.”
ing to form Pacific Islands Students Fighting Climate Change Tuiloma noted that several international courts have now
(PISFCC) and building strong government and civil society been asked for opinions on climate change: “There are actu-
coalitions around their campaign. ally three courts that have been asked for advisory opinions,
In 2021, Vanuatu’s government took up the resolution and not just the ICJ, but also the International Tribunal on the
the momentum really started building. Ultimately, more than Law of the Sea, as well as the Inter-American Court of Human
100 countries cosponsored the resolution, 14 of them Pacific Rights.”
Islands. He stressed that human rights are at the heart of the
The United States however held out, with the US deputy discussion: “Climate change starts with people and ends with
representative to the UN Economic and Social Council (ECO- people; it has to be about human rights. When you’re denied
SOC), Nicholas Hill saying after the vote: “We have serious the right to life, the right to food and shelter, these are all
concerns that this process could complicate our collective impacts on human rights.”
efforts and will not bring us closer to achieving these shared Dame Meg Taylor, former Forum Secretary General, also told
goals. We believe that launching a judicial process—especially the ANU legal seminar: “The purpose of the ICJ submission is
given the broad scope of the questions—will likely accentuate to look at what state responsibilities are. It’s an advisory opin-
disagreements and not be conducive to advancing ongoing ion and not legally binding. The quality of the submissions to
diplomatic and negotiation process.” the ICJ from Pacific Island countries and from other countries
in Africa will need to be very forceful, with arguments that
Next steps could set up a situation where litigation may happen.”
The ICJ has confirmed it has been asked to consider two The ICJ opinion could also inform climate lawsuits around
questions. the world and while it will not be delivered before the UN
The first is: what are nations obliged to do under interna- climate summit in the United Arab Emirates in November, it
tional law to ensure the protection of the climate and envi- could influence the discussions.
ronment from greenhouse emissions? Last year’s summit created a fund for climate change-
Secondly, it must consider the legal consequences if na- related loss and damage. While the fine details of that fund
tions, either by their actions or failure to act, have caused are still being negotiated, the UN resolution strengthens the
significant harm to the climate and the environment, in position of particularly climate vulnerable states, like those of
particular on small island states that are especially hard hit or the Pacific, that more funding for adaptation and mitigation is
vulnerable to the effects of climate change, and “peoples and required.
individuals of the present and future generations.” In his statement to the UNGA, Vanuatu Prime Minister Ish-
Written statements to the ICJ are due by October 20. Writ- mael Kalsakau said an ICJ opinion would carry enormous legal
ten comments on those statements are due by 22 January weight and moral authority: “Vanuatu sees today’s historic
2024. resolution as the beginning of a new era in multilateral cli-
The court will also hold public hearings, where nations and mate co-operation, one that is more fully focused on uphold-
organisations can make statements. The opinion of the ICJ’s ing the rule of international law and an era that places human
15 judges will be delivered at a final public hearing. rights and intergenerational equity at the forefront of climate
The legal implications of ICJ opinion are subject to some decision-making.”
debate. The UN vote came days after the final Intergovernmental
Samoan jurist Tuiloma Neroni Slade is a former Secretary Panel on Climate Change (IPCC) assessment report warned
General of the Pacific Islands Forum, and has served as Chair that: “There is a rapidly closing window of opportunity to
of AOSIS and a judge on the International Criminal Court. secure a liveable and sustainable future for all.” The report
Speaking to the ANU College of Law this month, Tuiloma high- continued that while humanity stands at a precipice, the tools

12 Islands Business, April 2023