Global IssuesSmall Island States Put Faith in International Courts Wayfinding Advisory Opinion
THE HAGUE, Dec 13 (IPS) - Hearings on states' legal obligations to combat climate wrapped up today at the International Court of Justice. An opinion is expected next year. While wealthy countries argued that the existing climate frameworks are enough, the small island states in the Pacific, Africa and the Caribbean have pleaded with the court to consider the human rights of those affected and those who will be affected in the future.The “crazy, weird and at some point (what seemed like) insurmountable” plan to ask the International Court of Justice for an advisory opinion on the obligations of UN member states regarding climate change was a success, Vishal Prasad, a representative for the. Pacific Islands Students Fighting Climate Change (PISFCC) said at a post-hearing press conference today (December 13).
“We have taken the world’s biggest problem to the world’s highest court,” Prasad said, and this should be a source of inspiration to young people who may find what’s happening about them depressing.
He said he was moved by the experience of telling the ICJ their story from a youth’s perspective.
Yet, Cristelle Pratt, Assistant Secretary-General, Organization of African Caribbean and Pacific States, said some of the testimony that was presented in court was dubious.
“Despite the overwhelming consensus that the relevant conduct is unlawful, a small minority of participants have had the audacity to double down on the limb of their innocence. They have done this in two ways. First, they have argued that the legal question being asked to the court is strictly forward-looking in nature and does not concern itself with historical emissions,” Pratt said.
“Second, they have argued that the only legal obligations binding on them do not, in fact, require them to account for their historical emissions, including by reparations, let alone oblige them to stop emitting beyond their pitiful privileges. In essence, these states have invited the court to absolve them of a moral responsibility.”
During a fortnight of hearings, countries and organizations have given their arguments in a case that was initiated at the request of Vanuatu in which the UN General Assembly asked the ICJ to issue an advisory opinion on the obligations of UN member states in preventing climate change and ensuring the protection of the environment for present and future generations.
During the final day of hearing, the court continued to hear testimony of the impact of climate change, particularly on small island states.
Tuvalu’s Attorney-General, Eselealofa Apinelum, speaking on behalf of the Commission of Small Island States on Climate Change and International Law (COSIS), reminded the court that there was still time
“There is still time to avert the worst impacts if only states can make the necessary cuts to their greenhouse gas emissions. The court can, and indeed must, provide specific and pivotal guidance on states' obligations in this regard."
Speaking on behalf of an intergovernmental organization with a mandate to clarify the rules and principles of international law concerning climate change, COSIS, Professor Payam Akhavan reminded the court that "significant harm has already occurred, and without decisive action, it will only get worse. These impacts touch on every aspect of island life. The major polluters are destroying the future of our people."
He continued, "The court can provide the critical guidance needed to align international law with the best available science and ensure accountability for the harm caused by greenhouse gas emissions."
Dr. Stuart Minchin, Director-General of the Pacific Community (SPC), said the court could provide a solid foundation for the future.
"Pacific leaders aptly describe our region as the Blue Pacific Continent. It's 98 percent ocean—it contains 30 percent of the world's exclusive economic zones and over 60 percent of the world's tuna stocks."
Climate change posed a particular risk to these islands, as half of the population lived 5 km from the coastline, which highlights the consequence of extreme sea-level events in the region.
"The science is clear: Climate change is already causing existential impacts to the peoples and communities of our vast Pacific region, and meaningful action is required to reduce its impacts as a matter of urgency," Minchin said.
"Under no scientific scenarios can we continue to pursue a future underpinned by fossil fuels and still expect to meet the goals of the Paris Agreement. We need to act now to ensure the livelihoods and self-determination of Pacific people and cultures are protected for future generations."
Coral Pasisi, Director of Climate Change at SPC, said the loss and damage were economic, cultural and social.
"The loss and damage already experienced, together with the associated impacts on culture, traditional practice, and knowledge, have both extreme economic and non-economic implications," Pasisi said. "Cyclone Heta in 2004 caused economic damages in Niue alone, equating to five times the GDP of our country, an unimaginable and irreparable loss, including the destruction of our only museum and over 90 percent of our cultural artifacts."
Prasad had earlier told the court that, “In the Pacific, we have always looked to the stars. Our ancestors navigated the vastness of the ocean and traveled immense distances. Today, the world needs wayfinders, those who can guide us towards a path that protects our homes, upholds our rights, and preserves our dignity."
Now was the time for the reinvention of this time-honored tradition.
"This practice, wayfinding, is more than just a method of navigation. It is a relationship. It connects those who came before with those who will follow. Every decision mattered, not only for the journey in that moment but for the future that it shaped."
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