The International Court of Justice (ICJ) advisory opinion presents a significant opportunity to clarify the requirements of international law regarding the responsibilities of States in addressing and mitigating the impacts of climate change. This point was underscored by Attorney-General Graham Leung during a workshop on the ICJ held in Nadi yesterday.
“For many of us, this is not just a legal issue — it is a matter of survival,” Mr. Leung stated. He emphasized that the effects of climate change are already impacting communities, and there is a responsibility to ensure that the legal framework governing this crisis is as strong, clear, and enforceable as possible.
Mr. Leung noted that advisory opinions could influence future international climate actions and agreements, potentially affecting how States respond, how climate treaties are enforced, and how vulnerable nations like Fiji can hold others accountable for inaction.
“This is a chance to advocate for making international climate agreements enforceable. We need to ensure that legal principles such as the ‘no-harm’ rule, ‘common but differentiated responsibility (CBDR)’, ‘precautionary principle’, and human rights obligations are applied in the context of climate change,” he added.
He highlighted the unique and vital role of Pacific Island states in this process, emphasizing that the region is among the most vulnerable to climate change. “We are facing rising sea levels, extreme weather events, threats to food security, and disruptions to our way of life. The impacts are real, immediate, and devastating. Although we contribute minimally to global emissions, we suffer disproportionately from the effects. This imbalance grants us both the right and responsibility to make our voices heard. We must ensure that the ICJ comprehends the full extent of the challenges we face and recognizes the urgency of addressing climate change through justice, equity, and human rights.”