Attorney-General Graham Leung has stated that the upcoming advisory opinion from the International Court of Justice (ICJ) concerning State responsibilities in combating climate change presents a significant opportunity. During his address at the Pacific Regional Speaker-shop for the ICJ Oral Statement, Leung emphasized the need for legal clarity regarding what international law necessitates from States in the realm of climate action.
Leung indicated that this matter extends beyond a mere legal exercise; it is fundamentally about the survival and future of communities, particularly in Pacific Island nations like Fiji and Vanuatu, which are facing severe threats from climate change. He noted that the impacts of climate change, such as rising sea levels, intensified cyclones, and altered weather patterns, are already endangering the homes, livelihoods, and cultural identities of these communities.
He underscored that the ICJ’s advisory opinion could provide a critical framework for understanding State obligations concerning the mitigation of climate change effects. Leung declared that the matter is not merely legal but a vital issue of survival. He urged for a robust, clear, and enforceable legal framework to address the ongoing climate crisis.
According to Leung, this advisory opinion has the potential to influence international climate policies and agreements for years to come, determining how States will act and how treaties will be enforced. He called for an enhanced commitment to the enforcement of international climate agreements, advocating for key legal principles such as the no harm rule, common but differentiated responsibilities, and human rights obligations to be recognized and applied in the climate change context.
Leung highlighted the essential role of international law in addressing climate challenges, particularly in holding States accountable. He remarked that the ICJ offers a unique chance to incorporate climate change into the larger framework of international legal responsibilities, potentially guiding climate action for decades ahead.