Attorney-General Graham Leung has emphasized that the upcoming advisory opinion from the International Court of Justice (ICJ) regarding State obligations to tackle climate change is a momentous opportunity. During his address at the Pacific Regional Speaker-shop for the ICJ Oral Statement, Leung highlighted the importance of gaining legal clarity on what international law requires from States concerning climate action.
Leung stressed that it is crucial to apply the fundamental principles of international law, including State responsibility, environmental protection, and human rights, in the context of the urgent challenge posed by climate change. He pointed out that for Pacific Island States like Fiji and Vanuatu, this matter extends beyond legal considerations; it is a matter of survival and the future for generations yet to come.
He noted that the adverse effects of climate change are already impacting communities, threatening homes, livelihoods, and cultural identities through rising sea levels, intensifying cyclones, and shifting weather patterns. The Attorney-General underlined that the ICJ’s advisory opinion presents a significant opportunity to clarify the obligations of States in addressing and mitigating climate change’s impacts.
Leung characterized this situation not merely as a legal issue, but as a critical survival challenge. He called for a solid, clear, and enforceable legal framework to govern climate-related crises. He articulated that the advisory opinion could reshape international climate actions and agreements, potentially affecting how States operate, the enforcement of climate treaties, and the accountability of States in relation to vulnerable nations.
“This is a chance to promote the enforceability of international climate agreements,” Leung stated, urging the recognition and application of legal principles such as the ‘no harm’ rule, common but differentiated responsibilities, and human rights obligations within the context of climate change.
He concluded by asserting that international law is essential in addressing climate change, particularly for holding States accountable. Through the ICJ, there is an opportunity to incorporate climate change into the wider framework of international legal obligations, which will shape the rules guiding climate action for many years to come.