Attorney-General Graham Leung has stated that the upcoming advisory opinion from the International Court of Justice (ICJ) regarding State obligations to address climate change presents a historic opportunity. During the Pacific Regional Speaker-shop for the ICJ Oral Statement, Leung emphasized the need for legal clarity on the responsibilities of States in climate action.
He highlighted the importance of applying fundamental legal principles of international law—such as State responsibility, environmental protection, and human rights—in the context of the urgent challenge of climate change. For nations like Fiji, Vanuatu, and other Pacific Island States, this matter transcends legal boundaries.
Leung remarked, “It is about our survival, our future, and the future of generations to come. The impacts of climate change are already threatening our homes, our livelihoods, and our cultures. Rising sea levels, increasing cyclones, and shifting weather patterns are forcing us to confront harsh realities.”
The Attorney-General pointed out that the ICJ’s advisory opinion provides a rare opportunity to clarify the obligations of States in mitigating climate change impacts. He stressed that this issue is not merely legal; it is a vital matter of survival.
He stated that the effects of climate change are already evident, and there is a pressing need to ensure that the legal frameworks addressing this crisis are robust, clear, and enforceable. The advisory opinion could potentially determine the direction of international climate actions and agreements for years ahead, influencing how States respond to climate challenges, how treaties are enforced, and how vulnerable nations can hold others accountable for inaction.
“This is a chance to advocate for the enforceability of international climate agreements. We must ensure that legal principles like the no-harm rule, common but differentiated responsibility, and human rights obligations are accurately recognized and applied within the climate change context,” Leung said.
He concluded that international law is pivotal in tackling climate change, particularly in holding States accountable. Through the ICJ, there is an opportunity to embed climate change considerations into the overarching framework of international legal obligations, thereby shaping the regulatory landscape for climate action for the foreseeable future.