Attorney-General Graham Leung has described the upcoming advisory opinion from the International Court of Justice regarding State obligations in combating climate change as a significant opportunity. During his address at the Pacific Regional Speaker-shop for the ICJ Oral Statement, Leung emphasized the importance of obtaining legal clarity on what international law requires from States in their climate response efforts.
Leung highlighted that this is not merely a legal matter but one tied to the survival and future of communities, particularly for Pacific Island States like Fiji and Vanuatu. He noted that climate change poses immediate threats to homes, livelihoods, and cultures, with problems including rising sea levels, more frequent cyclones, and shifting weather patterns.
The Attorney-General pointed out that the ICJ’s opinion could provide vital insights into the obligations of States to tackle and mitigate climate change impacts. He stressed that the situation is urgent, and it is essential to establish a comprehensive and enforceable legal framework to address the climate crisis effectively.
Furthermore, Leung indicated that this advisory opinion could influence international climate actions and agreements for years ahead, potentially altering how nations respond to climate treaties and how vulnerable countries can hold other States accountable for inaction.
He advocated for the necessity of ensuring that key legal principles, such as the no-harm rule, the concept of common but differentiated responsibilities, and human rights obligations, are acknowledged and applied in relation to climate change. Leung reiterated the crucial role of international law in addressing climate issues and holding States accountable, expressing confidence that the ICJ could help frame the legal standards guiding climate action for the foreseeable future.