Page 15 - Islands Business September 2023

Climate Change Climate Change

consequence remains the same. Not only is the right to life
important, but so is the right to family life and of course the
right of peoples’ to self-determination and to their territory,
which may disappear because of sea-level rise.”
The submissions will also have a special focus on
intergenerational equity: protecting the earth’s environment
for future generations.
“In the context of climate change, this principle is even
more important in that there is a tipping point after which
the adverse impacts of climate change can’t be reversed. It is
therefore critical for us not to reach that point, so that future
generations will stand a chance in the fight against climate
change.”
While states will not be formally bound by an ICJ advisory
opinion, “they are bound by the legal principles and rules
upon which the advisory opinion is based,” said Hebie.
“In addition, the advisory opinion is rendered by the highest
judicial organ of the United Nations (the World Court),
making it more difficult for states to hold legal views that
are contradictory to the views expressed by the Court in its
advisory opinion.”
He breaks it down further.
“Once the Court clarifies what is the law applicable to
climate change, states can no longer say ‘Oh, we don’t know
what the law is’. The Court told you what the law is.
“So, the advisory opinion of the Court undermines some
point of views in favour of others, it strengthens some legal
views and discredits [others]. By clarifying the obligations, it
“There is a general obligation that a State shall not allow pushes states towards compliance.”
activities in its territory to be used to cause damage in the A week after the writeshop, the Greenpeace ship, Rainbow
territory of other States. This obligation to prevent damage Rainbow Warrior II arrived in Fiji on the last stop of a Pacific
is applicable in the framework of climate change and has tour to gather evidence to support the submission to the ICJ.
existed since the 19th Century.” “From Vanuatu to Tuvalu, we’ve witnessed firsthand the
Other legal conventions that apply to the protection of devastating impacts the climate crisis is unleashing on
different parts of the environment, including the sea and the Pacific nations, who are fighting to protect their homes,
ozone layer. their culture, and their future,” said David Ritter, CEO of
“Both the ozone layer and the marine environment are Greenpeace Australia Pacific.
protected by treaties, which prohibit conduct having an From the vessel, Vishal Prasad, Campaign Director of the
adverse effect on them. As the greenhouse gases that cause Pacific Islands Students Fighting Climate Change said: “We
climate change have an adverse impact on the marine need monumental, global action, and we need it now. An
environment and the ozone layer, they are governed by these advisory opinion from the International Court of Justice is
treaties. There are also conventions that specifically govern exactly that. It would mean we could better enforce the
climate change, including the UN Framework Convention on Paris Climate Agreement, and ensure human rights are at the
Climate Change. centre of all climate responses.
“As you see, climate change is not happening in a legal “What more will it take for governments to act as heat
black hole.” records are shattered around the world, floods and bushfires
Submissions to the ICJ will draw on laws that are already rage, and sea-level rise threatens entire communities?”
in existence, “obligations are scattered in different legal The next writeshop is scheduled for September. A working
instruments and sources”, and present them as a single, group is now considering whether Pacific submissions will be
comprehensive argument. made individually or collectively, which issues they will cover
A major thrust of the submissions will be the impact of the (e.g., the impact on culture, women, loss and damage) and is
climate crisis on human rights. liaising with assisting lawyers.
“There are various values protected by international law The deadline for written submissions to the ICJ has been
that climate change adversely impacts,” said Hebie. extended from October this year to 22 January 2024.
“This is the case with human rights; whether you threaten Countries will have a further three months until 22 April
the right to life of an individual with a bomb or a knife, or you 2024 to submit written comments on written submissions by
do so by emitting greenhouse gases that slowly kill them, the other States and organisations.

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