Page 14 - Islands Business September 2023

Climate Change Climate Change

Greenpeace vessel, the Rainbow Warrior II is welcomed by the Council of Chiefs in Erromango and Port Vila, Vanuatu. As part of Greenpeace’s Pacific Ship Tour, the Rainbow
Warrior II spent six weeks sailing around Vanuatu, Tuvalu and Fiji gathering evidence of climate harm to present to the ICJ. Photos: Greenpeace/Bianca Vitale

EMBATTLED PACIFIC ISLAND STATES

BUILD HEFT FOR CLIMATE PUSH

By Richard Naidu the writeshop.
Professor Hebie said there had been other international
Legal and scientific experts, government officials and proceedings before the International Tribunal of the Law
representatives from civil society organisations from of the Sea and the Inter-American Court of Human Rights,
across the Pacific came together in Fiji recently to begin but the advisory opinion that would be sought from the ICJ
the momentous task of mounting a first-of-its-kind legal was the first such proceeding to deal with climate change
push to get the world’s top court to issue an authoritative comprehensively, covering all aspects of the issue and all
pronouncement on the obligations of nations in the deepening sources of international law.
climate crisis. “It is therefore very significant,” he said.
A ‘writeshop’ kick-started the first stage of the process One of the objectives of the submission drafting process is
of drafting submissions to the International Court of Justice to address the legal dimensions of climate change. Regional
(ICJ). technical agencies such as the SPC, the Secretariat of the
Co-funded by the United States Agency for International Pacific Regional Environment Programme and the Forum
Development (USAID) and the Governments of Australia and Fisheries Agency are looking at the science to support the
Sweden, the writeshop was an important step after Vanuatu, submission.
inspired by an initiative by University of the South Pacific law Responding to questions from Islands Business on how
students, successfully championed a resolution at the United international climate-related law stood against the science in
Nations General Assembly to ask the ICJ to issue an advisory the area, Professor Hebie said it needs to be understood that
opinion on state obligations around human rights, environment although climate change awareness has mainstreamed in more
and climate change. recent times, it has been around as an issue for decades. And
Dr Mamadou Hebie, Associate Professor of International the law in the area is not lagging.
Law at Leiden University in the Netherlands, was special On the contrary, said Hebie, there are several sources of
assistant to the President of the ICJ from 2018 to 2021. The legal obligations that are applicable to states’ conduct with
Pacific Community (SPC), which facilitated the event, invited respect to climate change.
Professor Hebie to share his legal and professional expertise at He cited one example.

14 Islands Business, September 2023